Other Accident and Injury Claims
- Time limits
- Part 1 and Part 2 Notice of Claim forms
- Medico-legal Reports
- Liability Response
- Compulsory Conference
- Your obligations if bringing a claim
Introduction
This page provides information about compensation rights and entitlements for accidents and injuries that were not incurred in a road or workplace accident. For motor vehicle accidents click here. For work related injuries click here.
Other accidents and injury claims include public liability, occupiers' liability, professional negligence,product liability and medical negligence claims and are governed by the Personal Injuries Proceedings Act (PIPA).
If you have queries regarding a potential claim for public liability, occupiers' liability, professional negligence or medical negligence click here to complete the questionnaire or call us on 1800 700 125.
These types of personal injuries claims can be quite complicated. It is essential that you seek legal advice from a personal injuries accredited specialist solicitor to discuss your rights and entitlements. click here to contact one today.
These types of compensation claims can include allegations of negligence (ie fault) against:
- doctors and other health professionals;
- local councils or statutory bodies;
- pubs, clubs or hotels;
- parks, sporting grounds or other recreational spaces;
- supermarkets, shopping centres or other premises;
- and many others.
Other Personal Injury Claims – Time Limits
Generally, in relation to accidents in Queensland you only have three years from the date of accident within which to issue proceedings in Court. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.
A ‘Part 1 Notice of Accident Claim Form’ must be given to the all parties at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor. Special provisions apply in relation to notification in medical negligence matters, especially those involving children.
If the Part 1 Notice of Claim is lodged outside this time period, an explanation must be provided detailing a reasonable excuse for delay.
Proceedings can not be issued in Court unless ‘pre-court’ procedures have been completed pursuant to the Personal Injuries Proceedings Act.
If pre-court procedures have not been completed with and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge for leave to issue proceedings. Proceedings must then be filed within the limitation period. Proceedings issued in this way are stayed until the pre-court procedures have been completed.
Also, whether within the three year limitation or not, a matter can be statute barred if proceedings are not filed and served within 60 days of the holding of a compulsory conference.
As can be seen time limits under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us by clicking here to receive free legal advice.
Notice of Claim Part 1 & Part 2:-
A Part 1 Notice of Claim must be served the earlier of either nine (9) months from the date of injury or within one month of retaining a solicitor.
Once complete the Notice of Claim is served on the relevant respondent/s (ie at fault parties) and they have one month to advise regarding ‘compliance’ of the Notice of Claim. A statutory declaration can usually be prepared at this stage in order to remedy any non-compliance identified.
Part 2 of the Notice of Claim form contains further information such as financial and medical information. The Part 2 Notice of Claim is usually completed around two months after compliance. If a specialist medico-legal report has been obtained an offer of settlement may be put forward in the Part 2 Notice of Claim. However, medico-legal reports can usually only be obtained 6-12 months after injury and the Part 2 Notice of Claim will probably be completed before this time.
Following confirmation of ‘compliance’ the respondent/s have upto 6 months to conduct their own investigations and provide a liability response.
Medico-legal Reports
Medico-legal reports are important in all personal injuries claims. Examinations are usually carried out by appropriate medical specialists (eg orthopedic surgeon, neurosurgeon, psychiatrist etc) and a report provided following the examination.
Your personal injuries specialist solicitor can arrange for you to be examined by an appropriate specialist. The Respodnent/s are also entitled to have you examined by one of their specialists.
Generally appointments can only be made once an injury has ‘stabilized’ (ie symptoms not getting any better or worse) and this is generally anywhere from 6-12 months following an injury.
Liability Response
The liability response is received from the Respondent/s states whether liability for the injury is admitted or denied. It may contain a counter offer, if an offer was made in the Part 2 Notice of Claim form.
Unlike motor vehicle injuries and workplace injuries, the Respondent/s are not obliged to fund rehabilitation costs such as physiotherapy.
Compulsory Conference
The parties must attempt to resolve the matter out-of-court through negotiation. This process involves holding a compulsory conference and exchanging offers.
If your matter cannot be settled out-of-court (very rare) then proceedings must then be issued in court. Further procedural steps are then taken before trial. These steps will be run concurrently with further attempts to settle out-of-court. Even if proceedings are issued in court matters still usually resolve by way of negotiation and very few matters run to trial.
Your Obligations if Bringing a Claim
You must undergo a medico-legal examination with a specialist selected from a panel provided by the Respondent/s. The costs of the medical examination and travel to and from are to be funded by the Respondent/s.
You also have a duty to co-operate with the Respondent/s and provide information pertaining to:-
- the circumstances of the accident;
- the nature of any injuries and ongoing disabilities;
- medical treatment and rehabilitation services sought and obtained;
- past medical history;
- details of previous claims for compensation; and
- details regarding earning and employment if a claim for economic loss is being made.
You also have a duty to provide the Respondent/s with reports and other documents regarding the circumstances of the accident, your medical condition and prospects of rehabilitation.
You have a duty to ‘mitigate’ your loss. This may involve medical treatment, return to work programs, rehabilitation or training programs in order to treat your injuries and reduce your loss.
You may claim privilege in relation some documents (such as communications with your solicitor).
You should seek legal advice regarding what obligations you have to co-operate with the Respondent/s. To do so click here or call the Accident Compensation Advice helpline on 1800 700 125.
As can be seen time limits and procedures under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us by clicking here to receive free legal advice.
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