1Do I have any time frames in which to bring a claim?
Yes, under Queensland law you may bring a claim any time within the earlier period of 9 months after sustaining injury, or one month of consulting a lawyer. You may bring a claim outside of this period (up to no later than 3 years from sustaining the injury) if you can justify a ‘reasonable explanation for the delay’. In addition, be mindful of your reporting obligations to the Queensland Police if you are involved in a motor vehicle accident.
2What are the time frames for a claim?
This depends on certain variables. Eg, when the accident occurred and the extent of your injuries. Injuries need to reach a point of stabilisation before it can be assessed by an independent medico-legal specialist. Also relevant is whether liability is one that requires extensive investigation, and if medico-legal specialists refer you for further assessment from another specialist. We will however endeavour to bring about a resolution to your claim at the earliest available opportunity for the right amount of compensation.
3What if I don’t have the details of the other vehicles that were involved in the accident?
You still have rights to bring a claim against the Nominal Defendant. In additionally once our investigations have commenced we will hopefully ascertain the correct entity which you may be entitled to bring a claim against.
4I have not been able to afford any rehabilitation such as physiotherapy, can you help?
We cannot organise or pay for rehabilitation. However, once we lodge a claim against the CTP insurer on your behalf, and you comply with various aspects in the initial phase of the claim, then we can request that the insurer fund your rehabilitation. The rest of the rehabilitation funding process is then left with the insurer to approve or reject the request. Any rehabilitation paid for by the CTP insurer will be taken into account when discussing possible settlement options at a later time.
5What are the time limits for lodging a claim?
You have 3 years from the date of your injury to lodge a common law claim.
6Do I have to pay anything upfront?
On approved cases, no. Our firm looks after payment of obtaining all relevant medical records, obtaining specialist reports and opinions and any other expenses. These charges are listed on your file and are called ‘outlays’. When your matter settles, the cost of these outlays are paid back to the firm. Out of your settlement monies, our firm’s professional fees are also paid.