Personal injury

When you need legal advice

Get legal advice if you have suffered a personal injury that resulted from someone else's actions and you are considering making a claim for damages.

How to get legal advice

Personal injury claims

You may have a claim for damages if you:

• have suffered a personal injury
• can show your injury resulted from someone else's.

There are laws that set strict time limits and requirements for making a personal injury claim.

There are different laws covering:

• work injuries
• motor vehicle accidents
• injuries suffered by victims of crime
• general personal injuries.

Time limits to inform the other person

Personal injury claims have a time limit to let the other person know of the claim.

For general personal injuries, the time limit to let the person know you are claiming against them is the earlier of:

• 9 months from the date of the injury
• 1 month from instructing a lawyer.

There are special forms for letting the person know you are making the claim against.

Download personal injury claim forms

Claims for injuries to children

• A parent or guardian may let the other person know of the claim before the child turns 18.
  • for medical negligence cases, a parent or legal guardian must give a Form 3 Notice of Claim (Part 1) within 6 years of the day when the guardian or parent knew or should have known the injury had occurred.
• After turning 18, the ‘child’ is responsible for letting the other person know of the claim.

Time limits to start court action

Personal injury claims also have a 3-year time limit to start court action.

Hiring a lawyer for a personal injury claim

See the register on the Queensland Law Society website to find lawyers who:

• are accredited specialists in personal injury matters
• will take cases on a speculative basis.

Search the register of solicitors

What to ask the lawyer

Before deciding to hire a lawyer for a personal injury action, you need to be clear about some basic information.

Ask the lawyer:

• Do I have a strong case?
• How much am I likely to get if I win?
• How much is it likely to cost me?
• How long is it likely to take?

The lawyer may not be able to give you precise answers, but they should be able to give you a range of likely outcomes. You can then weigh up this information and decide whether it's worth going ahead with the claim.

What happens when you go ahead

If you decide to go ahead, you need to be very clear about what you are signing up for.

A lawyer taking on your personal injury case will ask you to sign a client agreement. This is a contract that sets out the basis on which you will pay the lawyer. You should not sign this agreement unless you understand what it means.

Before signing a client agreement

Before signing a client agreement, you need to be clear about:

• how the lawyer's fees will be calculated (e.g. an hourly rate)
• the expected extra costs for your case (e.g. court filing fees, medical reports)
• whether you are expected to pay for anything during your case or only at the end
• what costs you will be responsible for if your case is not successful.

There are limits on:

• the fees lawyers can charge in personal injury matters
• the amount of costs that can be recovered from the other person in a small claim, even if you win.

You should discuss these issues with the lawyer before signing a client agreement.

You need to be satisfied you will receive enough money at the end to make it worthwhile.

How to get legal advice

We don’t give legal advice on personal injury matters.

The Civil Law Legal Aid Scheme may help eligible applicants pay outlays in some personal injury claims (e.g. medical reports). The scheme has a list of firms that can assess your claim and represent you on a ‘no win, no fee’ basis.

Last updated 24 August 2026