Accidents and compensation

Every state has a statute of limitations, which imposes a deadline for filing a personal injury claim. If you fail to file your claim within the specified time frame, you may lose your right to seek compensation.

In Queensland, personal injury claims are also governed by pre-court procedures with additional, much shorter, deadlines.

Consulting with a personal injury solicitor promptly after an incident ensures that you meet all legal deadlines and preserve your right to pursue a claim.

There are certain steps that must be taken in personal injuries matters before a claim can be commenced in court. The steps vary somewhat depending on the type of claim but broadly involve:

• Notifying the respondent(s) of the claim
• Exchanging information (including expert reports) so that all parties can investigate the cause of the injury and the extent of the loss and damage
• Attempting to negotiate a settlement including at a compulsory conference and, if the matter does not settle, exchanging final offers
• If the matter then proceeds to court, there are further steps that need to be taken before the case can proceed to trial and be decided by a judge.

At the start of your matter, your solicitor will assess the details of your case to determine if you have a viable claim. They will analyse all the evidence you provide, including any medical reports that have been done, to evaluate the strength of your case. They will then provide legal advice explaining your rights, legal options, and potential outcomes to help you make an informed decision about proceeding with your case.

If you decide to go ahead with your claim, your solicitor will progress your matter through the steps referred to above and, with your instructions, negotiate with other parties to seek fair compensation on your behalf. The aim is to reach a settlement that gives you fair compensation for loss and damage associated with your injuries, including medical expenses, lost wages, pain and suffering, and other damages.

If the matter proceeds to court, you will generally also need to engage a barrister to help represent you.

Many personal injuries cases are settled as part of the pre-court process or after the matter is commenced in court but before a trial.

“No win - no fee” is offered by many personal injury law firms as it allows people to seek compensation for injuries they have suffered as a result of negligence, without the risk of big upfront costs.

Under a “no win, no fee” arrangement you will only need to pay your solicitor’s fees for the work they have done on your case if you are successful in receiving a settlement or you win at trial. In many cases you will still need to pay for outlays, even if you are not successful (see below), though some law firms do offer different arrangements.

Information about what you will be charged for will be covered in your conditional costs agreement.  You should read the costs agreement carefully. You can seek independent advice before entering into a costs agreement.

In some cases, if you are successful, you can reclaim some of your fees from the opposing party.

Find out more about solicitor fees.

Outlays

If your case is not successful, you may not have to pay your solicitor’s costs for the work they have done if the solicitor has agreed to a “no win – no fee” arrangement. However, in many cases you will still be responsible for out-of-pocket expenses, often called disbursements, including but not limited to:

• ​reports from experts 
• barristers’ fees
• court fees.

If you are successful, in addition to paying for outlays and for your solicitor’s costs, refunds to statutory bodies (such as Medicare, Centrelink and WorkCover) may be payable from the compensation you receive.

Uplift Fee

By law, as per s 324 Legal Profession Act 2007,  solicitors are allowed to charge higher fees in “no win, no fee” cases because they are taking on the risk that they might not be paid for their services.

Some firms do this by adding an “uplift fee” which is paid on top of any other fees. It is usually calculated as a percentage of the solicitor’s fees (minus the outlays) and must not be more than 25% of the total fees (excluding disbursements) you are charged.

Other costs

Additionally, if your case does go to court and you are unsuccessful, you may need to pay the other side’s legal costs.

Fees for “no-win, no fee” cases vary between solicitors, so it pays to speak to a few different firms and compare their rates. As mentioned above, information about what you will be charged for will be covered in your costs agreement. You should read the costs agreement carefully. You can seek independent advice before entering into a costs agreement.

The law (s 347, Legal Profession Act 2007 (Qld)) states that the maximum that a solicitor can charge under a “no win, no fee” arrangement is 50% of the settlement amount after refunds and outlays have been taken out.

In Queensland, it is illegal to pay or be paid for a personal injury claim referral. It is also illegal for a person to approach or contact another person and solicit or induce the second person to make a claim.
If someone has contacted you to solicit or induce you to make a claim, contact:

• the Motor Accident Insurance Commission, if it relates to a motor vehicle accident
• Workers’ Compensation Regulatory Services, if it relates to a workplace injury
• the Legal Services Commission, if it relates to other personal injury matters.