How to Assess a Personal Injury Claim in Queensland

How to Assess a Personal Injury Claim in Queensland

A Personal Injury Claim for damages can arise from many different situations.

We commonly deal with claims arising from:

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

Claims can also arise when a professional (e.g. a doctor) has been negligent, or if someone contacts asbestosis or pulmonary fibrosis.

Legislation Applicable to Determining if you have a Claim

Personal injury law in Queensland is governed by the:

• Personal Injuries Proceedings Act 2002 (Qld),
• the Workers' Compensation and Rehabilitation Act 2003 (Qld),
• the Motor Accident Insurance Act 1994 (Qld) and
• the Civil Liability Act 2003 (Qld).

If you believe you have a personal injury claim, it’s important to contact an experienced Personal Injury Lawyer. They will be able to assess whether your circumstances meet the legal requirements.

A Successful Personal Injury Claim

For any personal injury claim to be successful, you must be able to establish:

• You were owed a duty of care
• The duty has been breached
• Your injury (damages) is a result of that breach

Existence of a Duty of Care

The first step in assessing a claim is to establish whether the potential defendant owed a duty of care to the injured person. A duty of care is the legal duty to take all reasonable steps to do (or not do) something that would foreseeably cause harm to someone else.

Common duty of care relationships include:

• Employers to employees.
• Road user to road user.
• Professional to client.
• Public authority to a member of the public.
• Occupier to entrant of private premises.

Breach of Duty

Once a duty of care is established, you must determine whether that duty was breached. A breach occurs when the person or organisation fails to act as a reasonable person would in similar circumstances. This involves assessing:

• The likelihood of harm occurring
• The seriousness of the harm
• The burden of taking precautions

This is evaluated using the standard of care expected in similar situations and often requires expert evidence.

Causation and Damage

A personal injury claim requires proof that the breach of duty directly caused the injury. This is known as 'causation' and requires that: 

• The injury or loss would not have occurred but for the breach (factual causation), and
• It is appropriate for legal responsibility to be imposed (scope of liability).

Additionally, the injury must have resulted in actual loss or damage, which includes:

• Economic damages such as medical expenses and loss of income (past and future).
• Non-economic damages such as pain and suffering, emotional distress, loss of enjoyment of life (due to changes in legislation, a minimal amount can be claimed for non-economic damages).

Strict Time Limits Apply when Making a Claim

In Queensland, a claim must be commenced within three years from the date of injury.

It is always worth obtaining advice from an experienced lawyer about this. The laws and sometime the circumstances are complex so that even though three years have elapsed, you may still be able to make a claim.

There is various other legislation that may apply to personal injury claims. For example, the Personal Injuries Proceedings Act requires earlier action, such as:

• Giving a Notice of Claim within the appropriate time frame.
• Complying with pre-court procedures before commencing litigation

Summary

Assessing a personal injury claim in Queensland requires careful consideration to determine if there is:

• a duty of care,
• a breach,
• causation, and
• damages.

And to consider:

• time limits, and
• potential defences.

We always recommend seeking advice from an experienced Personal Injuries Lawyer. An experienced lawyer will be able to determine your chance of a successful claim.