How Long Does a Personal Injury Claim Take in Queensland?

If you've been injured in circumstances where there was negligence and you have commenced a claim for damages, you may be wondering how long it will take for your claim to settle or resolve, and for you to receive compensation.

While some may promise a settlement in record time, the reality can be quite different. Sometime a matter may resolve quickly – but usually – the timeline depends on your specific circumstances.

What is the average length of time for a claim?

A personal injury claim in Queensland can take anywhere between 12 to 24 months to resolve, from the date of injury to the date of settlement.  Some straightforward cases may settle faster, however, more complex matters can take several years.

What affects how long my Claim will take?

Every personal injury claim is different and there are many elements that affect the time it takes for a claim to resolve. Highlighted below, are some aspects that affect the time it takes for a claim to resolve.

Your injuries. Have they Stabilised? What is the extent of your injuries?

Until injuries have stabilised, it is somewhat impossible to determine the extent or amount of a claim. (Lawyers refer to this as the quantum of the claim.)

If you are still receiving treatment and your treating doctors are unsure about your long-term recovery, it’s best to wait before trying to settle your claim. Settling too early, before the long-term effect of your injuries are clear, can mean you receive a lower compensation amount. This can leave you short if your condition doesn’t continue to improve or unexpectedly worsens in the future.

A significant milestone in your claim is the point at which you reach Maximum Medical Improvement (MMI).  This is the point in your recovery when your injuries have stabilised and are unlikely to change in the foreseeable future, with or without further medical treatment. Where there are ongoing significant symptoms specialists often suggest 12 months post injury as a good starting point consider you may have reached maximum medical improvement.

It is at this point you can be assessed by a specialist for a whole person impairment and an opinion in relation to the present and future effect of injuries upon your life including work capacity.

This assessment will also allow your lawyers to more accurately calculate the amount of compensation you are entitled to.

Has the other party admitted fault?

When fault or liability is clear and accepted early, your claim can usually progress quickly.

In cases where liability is disputed, your claim can be delayed due to evidence gathering and time taken to obtain reports from liability experts.  

Usually, the first opportunity to settle your claim will occur at a Compulsory Conference, which typically takes place around 12 to 18 months from the date of your injury (or longer for work injuries). If liability is still disputed at the time of the Compulsory Conference, it can be difficult to obtain a fair amount of compensation for you at the conference, and this will further extend the timeline of your claim.

Negotiations with insurers and their lawyer.

Insurance companies don't always offer fair compensation straight away. Getting the right outcome often takes patience. Dealing with lawyers ‘on the other side’ can also slow things down. Bear in mind that insurance companies dislike paying out money and are happy to delay claims and the eventual payment of compensation.

The type of claim.

We commonly deal with claims arising from:

• Motor vehicle accidents
• Accidents at work
• Accidents that happen in a public place.

The type of accident from which your injury has occurred, can affect the duration of your claim.

Motor Vehicle Accidents (CTP) and Public Liability Claims (PIPA)

With CTP and PIPA claims, there is no initial statutory claim process to exhaust before being able to commence a common law claim for damages. In both claim types, the injured person can provide an initial Notice to the CTP insurer or Respondent (PIPA claims). The common law claim for damages is commenced upon the issue of this Notice.

If a Motor Vehicle Accident Claim and there were a number of vehicles/ drivers?

This will affect how quickly evidence such as medical reports, witness statements, and financial records are gathered. The more drivers or parties involved the longer the process may take.

Work Injury Claims.

Work injury claims in Queensland often take the longest because they operate on a mandatory two-step process.  If an injured worker has an accepted WorkCover claim, this is known as a Statutory Claim. Before the injured worker is able to pursue a common law claim for damages, the statutory claim must be finalised, and the injured worker must have been issued a Notice of Assessment. Depending on the type of injury, the finalisation of a work injury claim (from date of injury to settlement) can be increased because of the additional statutory claim process.

Representation from an experienced person injury lawyer is important.

Every personal injury claim is different. While it's natural to want a fast resolution, rushing can mean accepting less than you deserve. The goal is to achieve the right outcome for you and not necessarily the fastest outcome. A lawyer who has your best interests at heart will be protective in taking steps to ensure your claim progresses to completion as quickly as possible but also ensuring you receive ‘just’ compensation.

If you have suffered an injury, we recommend you seek legal advice as soon as possible from an experienced injury compensation lawyer to ensure your claim runs smoothly and that you receive the amount of compensation you are entitled to.