If you've been injured in Queensland because of someone else's actions, you may be entitled to make a personal injury compensation claim. A personal injury lawyer at McCarthy Durie Lawyers can advise you on your rights and the legal options available to you following an injury.
At McCarthy Durie Lawyers, we can help in the following areas of personal injuries law:
Motor Vehicle Accidents in Queensland
If you were injured in a car accident, truck accident, bicycle
accident, or any other motor vehicle – whether as a driver,
passenger, or pedestrian, you may be entitled to claim compensation
entitlements under Queensland law.
Some examples of what you can claim are:
- Hospital and medical expenses
- Rehabilitation expenses
- Pain and suffering
- Loss of earnings
- Loss of enjoyment of life
It's important to note that everyone's case is different, as the amount you can claim is based on your injuries, age, loss of earnings, care needs (both now and in the future), out-of-pocket expenses and possible future expenses such as surgery.
It also doesn't matter if the other vehicle was unregistered or unidentified, you may still be able to make a claim. However, strict time limits apply to motor vehicle claims, so contact us immediately to avoid missing out on a claim.
If you have been injured at work, it is likely you will be
eligible to make a worker's compensation claim.
However, not all work-related injuries happen in your main place of work. Depending on the situation, you may still be eligible for compensation. You might have an eligible claim if you suffered an injury:
- travelling between your home and place of work
- on your way to or from training relating to your work
- travelling to or from medical or rehabilitation treatment that is part of an existing WorkCover claim
- travelling between jobs with separate employers
- while travelling for work-related reasons (i.e. a work conference or meeting) locally, interstate or internationally.
Even if you were employed on a casual, part time, full time or on a contract basis – you may still be able to make a claim for workers' compensation if you were injured at work.
At MDL we can assist you with the application process to provide you with the best possible chance of a successful claim.
Public Liability Claims
If you have been injured in a public place and the injury has arisen as a result of an act or omission of a third party, you may be entitled to make a claim under public liability law. Public liability law covers a variety of injuries or accidents that occur in public. This includes, but is not limited to injuries sustained:
- at shopping centres
- in playground and schoolyard
- in recreational or sporting activities
- at supermarkets or other retail outlets
- by animals, e.g dog attacks
- on public or private property including parks, gardens and footpaths
- by food poisoning.
Medical negligence compensation
Medical negligence, or medical malpractice, describes an act or omission by a medical practitioner or facility that causes injury or harm to a person in their care.
In order to establish medical negligence has occurred, you must provide that the act of the practitioner was below the minimum acceptable standard of medical practice within the industry.
Medical injury claims can be quite complex so it is essential you consult with one of our lawyers to determine your chances of a successful claim.
Product Liability Claim
When you buy a product, you expect that product to perform to a certain standard and carry out the function for which it was designed. Occasionally, however, products have defects that cause them to break or malfunction. However, in some cases, a defective product may injure you or a family member or could damage your property.
Examples of product liability claims include:
- Defective medical prostheses, implants or devices
- Defective consumer goods and household appliances
- Faulty machinery, cars or components
- Unsafe chemical products or pharmaceuticals
At MDL, we guide you through the claims process during a no
obligation free consultation. Our experienced lawyers will provide
honest and transparent advice which is demonstrated by our policy
to undertake thorough investigations before we recommend you
commence any claim. This allows us to ascertain whether you have a
viable claim before proceeding which we believe is important to
avoid unnecessary costs to you. We are not like other personal
injury firms and we only advise clients to pursue compensation or
damages when there is a clear likelihood of a successful
While each claim is unique, the process will generally follow the below distinct stages:
You tell us exactly what has happened to you. We review the details of the incident and tell you if your case has good prospects for success or if it does not. There are no costs to you for this advice.
Should you choose to proceed with a claim, we submit a Notice of Claim to the other party notifying them of your intention to pursue a claim and the circumstances of your case within one month of the initial consultation.
The respondent (usually an insurer) investigates your claim to determine if they will accept liability in full or in part, or will deny that they are liable for your injuries. We continue to obtain updates from you in relation to your injuries, treatment, requirement for assistance, the status of your employment and so on.
We compile evidence to assist in proving your claim to the insurer, including medical, taxation, financial and employment records. We may also obtain expert medical reports depending on the nature of your injuries.
We give you an assessment of the amount you can reasonably expect as a settlement and, with your authorisation, we submit a Schedule of Damages which is essentially an opening to commence settlement negotiations,
We then attend a compulsory settlement conference with the solicitors acting for the respondent. Once your claim has been successfully settled or judgement has been given in a court, we arrange for you to receive the funds to which you are entitled, and arrange for payment of your legal fees. Should the claim not be successful, we will not charge you for legal fees.
The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity of your case. Claims that go to the courts will take longer and be subject to the schedules of the court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.