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Motor Vehicle Accident

North Queensland Injury Lawyers have many years of experience in running claims for those who have suffered personal injury in motor vehicle accidents. We have a team of dedicated solicitors who specialise in bringing car accident claims to achieve the best possible compensation for your circumstances. Read on for a list of common queries that we are usually asked by a person in your situation:

 

Do I have entitlement to bring a claim?

If you were the driver or passenger of a car, bus, truck, motorbike, bicycle or scooter and you believe that the accident was not your fault or not entirely your fault, then our experienced injury lawyers can run a claim seeking compensation for your injuries and its impact on your life.

You can also take legal action if you were a pedestrian involved in the traffic accident.

If the motor vehicle that hit you has driven away before you can record the number plate, or if it is unregistered, then you can still make a car accident claim for your injuries.

What kind of injuries can I claim for?

Your disabilities may include whiplash, soft tissue damage, scarring, fractures, broken bones, dislocations and injuries to the spine, spinal cord, head, brain and other internal organs. Injuries to the face, shoulders, wrists, hips and knees are common.

Post-traumatic stress and psychological disorders that arise, or are made worse, because of the accident can also form part of the claim.

No traffic accident claim is too difficult for our experienced solicitors who will work hard to protect your rights to compensation.

If you are a dependent such as a child, or a spouse of someone who has died because of a motor accident, then you may be able to claim for the loss of this financial support as well as funeral expenses.

Who is the claim against and where does the money come from?

When a motor vehicle is registered, it is covered by Compulsory Third Party (CTP) insurance. So when Brisbane Injury Lawyers run a claim for your injuries, we are seeking compensation from the CTP insurer. The money does not come out of the driver’s pocket and we deal directly with the CTP insurer.

If the motor vehicle is not registered and there is no CTP insurer, then your claim will be against the State which steps in to ensure you are not missing out on compensation that you are entitled to.

How do I begin my claim?

Our experienced injury lawyers will lodge the necessary documents with the CTP insurer and throughout the CTP claim process, and possibly a law suit, we work on proving that:

  • The person who caused your injuries owed you a duty of care;
  • This person has breached their duty of care (eg by speeding or not keeping a proper look-out); and
  • You have suffered injuries because of the traffic accident.

What are some of the scenarios where the other driver could be found at fault for the accident?

Car crashes are common and motorbike accidents and truck accidents are on the rise. Accidents on the road, road-related areas, footpaths and driveways can occur when there are instances of:

  • Speeding;
  • Running a red light;
  • Sudden lane changes without proper checks;
  • Illegal u-turns;
  • Unsecured loads;
  • Driving whilst under the influence of drugs or alcohol;
  • Texting or calling on a mobile phone;
  • Falling asleep at the wheel;
  • Not keeping a proper lookout.

What happens if I was travelling to or from work at the time of the accident?

If you were on your way to work or coming home from work, then you might also be eligible for a workers’ compensation journey claim in addition to a CTP claim.

What will I be compensated for?

Our aim at Brisbane Injury Lawyers is to obtain full compensation for you to cover:

  • Medical expenses (treatment, doctor’s visits, hospital, surgery, specialist appointments);
  • Rehab costs (physio, chiro, massage, acupuncture);
  • Loss of earnings (past and future);
  • Pain and suffering;
  • Paid care (nursing, cleaning, gardening);
  • Unpaid care (care provided by loved ones).

How long will my claim take?

This varies on the complexity of the traffic accident and the extent of your injuries.

How much treatment you require for each injury is a major factor in the length of your claim.

The solicitors at Brisbane Injury Lawyers can finalise basic traffic accident claims in 12-18 months. However, if you have suffered more than one (1) injury and/or there are liability issues then your claim may take longer. Speaking with an experienced injury lawyer from our office will help you understand the possible timeframes for your compensation claim.

How much is my claim worth?

The amount of money you can claim is influenced by a whole range of factors, namely:

  • Your age;
  • The extent of your injuries;
  • What you do in your line of work;
  • Whether you own a business;
  • Whether you have lost wages or will continue to lose wages to some extent going into the future;
  • How much you have spent on treatment and other medical expenses and if this is required going into the future;
  • The level of care you now need.

Our dedicated injury lawyers will arrange a medical appointment with a doctor who is specialised in assessing the particular injuries you have. The doctor will then provide your solicitor with a medico-legal report to support your motor accident claim.

What sort of legal fees will I be charged?

Brisbane Injury Lawyers operate on a ‘No Win No Fee’ basis. If you have a successful claim where you are paid a sum of money, then legal fees are simply taken out at the end when your matter settles.

The amount of legal fees varies for each individual claim depending on the complexity and nature of the matter.

Is there a time limit?

The general rule is that you have three (3) years from the date of the accident to bring your claim. Although there are also rules that say you must bring your claim within nine (9) months of sustaining personal injuries in a traffic accident, or within one (1) month of consulting a lawyer, whichever is earlier.

It is important to consult one of our injury lawyers as soon as possible to ensure your rights to claim compensation are protected.