If you have been injured at work, you will normally be entitled to Workcover, which pays most of your salary and your medical expenses. If your employer is at fault for the incident which caused your injuries, you may bring a claim against your employer for damages.
If you have been injured outside of work and another person caused your injuries, you may bring a claim against them. In the case of motor vehicle accidents, your claim is effectively against the compulsory third party insurer of the at fault driver (or, if the at fault vehicle was uninsured or unidentified, the Nominal Defendant). In other incidents, it is often a public liability insurer.
Strict timeframes apply to Queensland personal injury claims so it is strongly advised that you contact us as soon as possible to make a claim.
Liability refers to who is considered to be legally at fault for the accident or incident which caused the injuries. It is decided according to the facts of the case, legislative provisions, precedents and what a reasonable person in the defendant’s shoes would have done.
If your claim proceeds to trial and the issue of liability is wholly decided against you, the court will not award any damages.
Quantum refers to how much your claim is worth, assuming that liability is determined in your favour. The quantum of a claim depends on a number of factors, including the following:
It is impossible to precisely predict what a court will award if the matter proceeds to trial. As a result, another unofficial factor affecting quantum if the matter proceeds to trial is which judge assesses quantum. It is well known that some judges assess quantum generously, whilst others take a more conservative approach.
Unfortunately, Queensland legislation prohibits us from advertising the results we have obtained or can obtain for you in personal injury cases. In our view this is an unacceptable restriction on free speech which should be repealed. However, once you book an appointment we can fully discuss your potential claim and answer any questions you may have.
Sterling Law can be contacted by phone on 07 3667 8213, or by email : firstname.lastname@example.org