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This factsheet provides information on personal injury claims. Print version: |
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Personal injury claims
You may have a claim for damages if you:
There are laws which set strict time limits and requirements for making a personal injury claim.
There are different laws covering:
Notifying the other party
Personal injury claims have a time limit to notify the other party of the claim.
For general personal injuries, the time limit to notify the person you are claiming against is:
9 months from the date of the injury, or
1 month from instructing a lawyer (depending on whichever is the earlier).
There are special forms for notifying the person you are making the claim against. Copies of the forms are available on the web at www.justice.qld.gov.au/ourlaws/pinjury.htm
Starting court action
Personal injury claims also have a 3 year time limit to start court action.
Where to get advice
Legal Aid Queensland provides general advice only for most personal injury claims.
This is because Legal Aid Queensland can not represent you in a personal injury claim and it is often a better option to get advice from a private solicitor who may then go on to represent you in the claim. Legal Aid Queensland does provide advice and representation in relation to criminal injury compensation.
The Civil Law Legal Aid Scheme
The Civil Law Legal Aid Scheme can provide assistance with the payment of costs in personal injury claims. The Scheme has a list of firms who can assess your claim and represent you on a speculative basis - that is they do not require you to pay their costs unless you are successful. The Civil Law Legal Aid Scheme brochure provides further details.
The Queensland Law Society
The Queensland Law Society can also provide you with the names of solicitors who:
You can contact the Queensland Law Society by telephone on (07) 3842 5888 or you can search their website referral service at http://www.qls.com.au .