Myth Busters: What do I need to know about Personal Injury Claims in Qld.

If you've been injured, whether at work, in a public place or in a motor vehicle accident, you may be wondering whether you can make a common law claim for damages.  

The laws applying to personal injury law and compensation claims in Queensland is fairly complex.

Personal injury law in Queensland is governed by specific legislation and case law. The relevant legislation includes:

• 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).

Unfortunately, many people receive and rely on incorrect information before deciding to seek legal advice in relation to their rights. This mis-information can come from well-meaning family and friends, the internet, various television shows, and more recently from AI platforms.

Below are some of the most common myths about personal injury claims and the facts every injured person should know.

Do I Need to Be Seriously Injured to Make a Claim?     

NO.

 Many people believe that only catastrophic or the most serious of injuries qualify for compensation. In reality, personal injury claims can arise from a wide range of injuries, including:

Minor Injuries:

• Whiplash and neck strains
• Soft-tissue damage
• Simple fractures that do not require surgery

 Moderate Injuries:

• Significant joint and ligament damage such as a moderate tear or injury to the knee or shoulder.
• Back and neck injuries with ongoing pain symptoms that may have required minor procedures.
• Moderate psychological conditions such as diagnosed post-traumatic stress disorder

Serious to Severe Injuries:

• Severe orthopaedic injuries such as severe fractures or joint injuries that may lead to restricted mobility and/or early on-set arthritis.
• Spinal cord damage such as fractures or nerve damage causing chronic pain, restricted movement or sensor loss.
• Loss of limb or amputation.

 Catastrophic Injuries:

• Quadriplegia or paraplegia.
• Severe traumatic brain injury.

It’s important to note that even a whiplash or soft tissue injury not requiring hospitalisation or immediate treatment, may cause significant and ongoing symptoms.

Can I Make a Claim If the Accident Was Partly My Fault?                     

YES.

When an injured person pursues a claim for compensation, they must prove there has been negligence or a breach of duty, by another person/entity which caused their personal injury. This is called Primary Liability.

In Queensland, you may still be entitled to compensation even if you contributed to the accident. During the course of a claim, insurers and their lawyers may argue an injured person is partly or fully to blame for their injury.

Contributory negligence is where an injured person is said to have contributed to the cause of their accident and arises when the injured person failed to take reasonable care for their own safety.

It is up to the insurer and their lawyers to prove contributory negligence. If the insurer can prove contributory negligence, the compensation that the injured person may receive can be reduced by anywhere between 15-50%, depending on the facts and the level of contributory negligence.

Do Personal Injury Claims Always End Up in Court?

NO.

 Many people imagine lengthy court battles when they think about compensation claims. While some cases do proceed to court, this is far less common than many people assume.

In Queensland, there are strict pre-court procedures that parties must follow, which are designed to assist parties to reach a settlement before involving the Court system. Before your claim can be commenced in the Court, all parties must attend a Compulsory Settlement Conference to try and settle the matter informally. IF your matter does not settle at the Compulsory Conference stage, it is only then that your claim can be commenced in the Court.

If Court proceedings are commenced, there are still many opportunities to settle your claim without the need for a lengthy trial in Court.

In reality, the great majority of personal injury matters resolve through settlement conferences, mediations and informal negotiations.  

Will I receive punitive damages?

NO.

In Queensland there is no legislation or case law that allows a plaintiff in a personal injury matter to claim for punitive damages.

This is a very common misconception with personal injury claims in Queensland, and many people assume they are entitled to a substantial amount of ‘punitive’ damages.

Punitive damages are intended to punish the defendant for egregious conduct and to serve as a deterrent to others. Punitive damages are a common component of personal injury claims in the United States. One of the cases from the United States is Liebeck c McDonalds Restaurants or the McDonalds Hot Coffee Case which saw the plaintiff awarded the sum of $2.7 million (USD) in punitive damages.

However, there is NO recognition of punitive damages in personal injury claims in Queensland.

Queensland Law emphasis the principles of economic loss and non-economic damages such as loss of income (past and future), out-of-pocket medical expenses, future medical expenses and general damages (pain and suffering).  

Be very wary of...

Relying on advice from family and friends, television shows, the internet or AI can lead to  a devastating outcome for an injured person including the loss of the opportunity to recover compensation.

It’s important to obtain legal advice as early as possible, from an experienced personal injury lawyer who practices with knowledge of all Queensland legislation.