Gold Coast Compensation Lawyers

At GC Law, we help injured Queenslanders claim compensation for numerous types of injuries sustained. Our Personal Injury Lawyers can assist you in the following types of matters:

• WorkCover claims: These relate to injuries sustained at work or during work-related activities.
• Motor vehicle accident claims: For injuries resulting from road accidents, including those involving cars, motorcycles, and pedestrians.
• Public liability claims: These cover injuries that occur in public places or on private property due to negligence.
• Medical negligence claims: For cases where patients suffer harm due to substandard medical care.
• Total and Permanent Disability (TPD) claims: Often related to superannuation policies when a person can no longer work due to illness or injury.
• Product liability claims: For injuries caused by defective products.
• Dust diseases claims: Particularly relevant in Queensland due to historical asbestos exposure in industries like mining and construction.
• Institutional abuse claims: For survivors of physical or sexual abuse in institutional settings.
• Catastrophic injury claims: For severe injuries resulting in long-term or permanent disability, often from various accident types.
• Psychological injury claims: These can arise from workplace bullying, traumatic incidents, or as a result of other injuries.

Time limits do apply in compensation matters in Queensland, and they are a crucial aspect of the claims process. These time limits, also known as limitation periods or statutes of limitations, vary depending on the type of claim. It is very important to seek advice from our Personal Injury Lawyers promptly to avoid being statute barred from claiming compensation.

Generally speaking, here is a guide to time-limits:

1. WorkCover claims:
– You must report the injury to your employer within 6 months of becoming aware of it.
– A claim for compensation must be lodged with WorkCover Queensland within 6 months of the injury occurring.
– For a common law claim (suing for negligence), you generally have 3 years from the date of injury to start court proceedings.

2. Motor vehicle accident claims:
– You must report the accident to the police within 28 days.
– A Notice of Accident Claim Form must be submitted to the insurer within 9 months of the accident or within 1 month of consulting a lawyer, whichever is earlier.
– Court proceedings must generally commence within 3 years of the accident date.

3. Public liability claims:
– Generally, you have 3 years from the date of injury to start court proceedings.
– However, you must give notice of your claim to the potential defendant within 9 months of the incident or within 1 month of consulting a lawyer, whichever is earlier.

4. Medical negligence claims:
– The general limitation period is 3 years from the date of negligence or from when the negligence was discovered.
– In some cases, this can be extended if the injury or negligence wasn’t immediately apparent.

5. Total and Permanent Disability (TPD) claims:
– Time limits can vary depending on the specific superannuation policy, but generally, claims should be made as soon as possible after becoming aware of the disability.
– Some policies may have specific time frames within which a claim must be lodged.

6. Product liability claims:
– Generally, you have 3 years from the date you became aware of the injury and its connection to the defective product.
– There’s also a 10-year long-stop period from the supply date of the product.

7. Dust diseases claims:
– These often have more flexible time limits due to the long latency periods of many dust-related diseases.
– Claims can often be made within 3 years of diagnosis, regardless of when exposure occurred.

8. Institutional abuse claims:
– Recent legislative changes have removed limitation periods for child sexual abuse claims in Queensland.
– For other forms of abuse, the standard 3-year limitation period typically applies.

9. Catastrophic injury claims:
– These usually fall under the category of personal injury claims, with a general 3-year limitation period.
– However, the complexity of these cases may sometimes allow for extensions.

10. Psychological injury claims:
– If work-related, they follow WorkCover timelines.
– If due to other causes, they generally follow the 3-year rule for personal injury claims.

It’s important to note that:

– In some circumstances, courts may have discretion to extend these time limits, especially if there’s a reasonable explanation for the delay.
– For minors, the limitation period often doesn’t start until they turn 18.
– Some claims, particularly those against government entities, may have shorter notice periods.
– The exact date from which a time limit starts can sometimes be complex to determine, especially in cases of gradual onset injuries or latent diseases.

Given the complexity and variability of these time limits, it’s crucial for potential claimants to seek legal advice from our Personal Injury Lawyers as soon as possible after an injury or becoming aware of a potential claim. Failing to meet these time limits can result in the loss of the right to claim compensation, regardless of the merit of the case.

Compensation calculation in Queensland varies depending on the type of claim and specific circumstances of each case. However, it is very important you seek legal advice from one of our Personal Injury Lawyers at GC Law.

Generally speaking, this is how compensation is generally for different types of claims:

1. WorkCover claims:
– Weekly payments: Usually calculated at 85% of normal weekly earnings for the first 26 weeks, then 75% thereafter, up to a maximum rate.
– Lump sum compensation: For permanent impairment, calculated based on the degree of permanent impairment as assessed by medical experts.
– Medical and rehabilitation expenses: Reasonable costs are covered.
– Travel expenses: Reimbursement for travel to medical appointments.

2. Motor vehicle accident claims:
– General damages: For pain and suffering, calculated using the Injury Scale Value (ISV) system.
– Economic loss: Past and future loss of income.
– Care costs: Both paid and gratuitous (provided by family/friends).
– Medical and rehabilitation expenses: Both past and future.
– Home and vehicle modification costs if necessary.

3. Public liability claims:
– Similar to motor vehicle claims, including general damages, economic loss, and medical expenses.
– The ISV system is also used for calculating general damages.

4. Medical negligence claims:
– General damages: Calculated using the ISV system.
– Economic loss: Past and future loss of earning capacity.
– Medical expenses: Both past and future.
– Care costs: Including both paid care and gratuitous care.
– Loss of superannuation.

5. Total and Permanent Disability (TPD) claims:
– Usually a lump sum payment, with the amount specified in the superannuation or insurance policy.

6. Product liability claims:
– Similar to public liability claims, including general damages, economic loss, and medical expenses.

7. Dust diseases claims:
– General damages: Often higher due to the severity of the conditions.
– Economic loss: Including loss of past and future earnings.
– Medical and care expenses: Both past and future.
– In some cases, exemplary damages may be awarded.

8. Institutional abuse claims:
– General damages: For pain and suffering and loss of enjoyment of life.
– Economic loss: Past and future loss of earning capacity.
– Treatment and care costs.
– Potentially aggravated or exemplary damages in severe cases.

9. Catastrophic injury claims:
– Lifetime care and support needs.
– Substantial economic loss components.
– High general damages due to the severity of injuries.
– Home and vehicle modifications.
– Aids and equipment.

10. Psychological injury claims:
– General damages: Calculated using the ISV system.
– Economic loss: Past and future loss of earning capacity.
– Treatment costs: Including ongoing psychological or psychiatric care.

Key factors influencing compensation calculations:

1. Severity of injury: Assessed using medical evidence and often quantified using systems like the ISV.
2. Age of the claimant: Affects future economic loss calculations.
3. Pre-injury earnings: Used to calculate economic loss.
4. Impact on quality of life: Influences general damages.
5. Need for ongoing care or treatment: Affects future care and medical expense calculations.

It’s important to note that:
– There are often caps or thresholds on certain types of damages in Queensland.
– The Civil Liability Act 2003 (Qld) provides guidelines for assessing damages in many personal injury cases.
– Compensation can be reduced if the claimant is found to have contributed to their injury (contributory negligence).
– In some cases, structured settlements or interim payments may be arranged.

Given the complexity of these calculations and the various factors involved, it’s advisable for claimants to seek advice from our Personal Injury Lawyers at GC Law.

“No Win No Fee” is a common arrangement in legal services, particularly in personal injury and compensation law. Importantly, this is general information only and you’re best to talk with our Personal Injury Lawyers at GC Law to find out more.

1. Basic concept:
– If your case is unsuccessful, you don’t have to pay your lawyer’s professional fees.
– If you win your case, you pay the lawyer’s fees from the compensation you receive.

2. Purpose:
– To provide access to justice for people who might not otherwise be able to afford legal representation.
– To reduce the financial risk for clients pursuing legal claims.

3. What’s typically covered:
– The lawyer’s professional fees for their time and expertise.

4. What’s typically not covered:
– Court filing fees
– Expert witness fees
– Medical report costs
– Other disbursements (out-of-pocket expenses incurred by the law firm)

5. Payment if you win:
– The lawyer’s fees are usually calculated as a percentage of the compensation awarded.
– In Queensland, there are regulations limiting the maximum percentage a lawyer can charge.

6. Costs if you lose:
– While you don’t pay your lawyer’s professional fees, you may still be liable for:
– The other party’s legal costs (in some cases)
– Disbursements incurred by your lawyer

7. Initial consultation:
– Many firms offer a free initial consultation to assess the viability of your case.

8. Written agreement:
– The terms of the No Win No Fee arrangement should be clearly outlined in a written agreement.

9. Conditions:
– Lawyers typically only offer this arrangement if they believe your case has a reasonable chance of success.

10. Ethical considerations:
– Lawyers are bound by professional ethics to act in their client’s best interests, not just to win at any cost.

11. Regulation:
– In Queensland, No Win No Fee arrangements are regulated by the Legal Profession Act 2007 and associated regulations.

12. Limitations:
– Not all types of legal matters are suitable for No Win No Fee arrangements.
– It’s most common in personal injury, workers’ compensation, and some civil litigation cases.

It’s important for clients to fully understand the terms of a No Win No Fee agreement before proceeding. This includes understanding what costs they might still be liable for, even if the case is unsuccessful. Always ask for a clear explanation of all potential costs and outcomes before agreeing to this arrangement. Talk to our Personal Injury Lawyers today.