I agree and understand that:
- The Queensland Compensation Estimator is an estimate only. The Queensland Compensation Estimator should not be utilised as advice of any kind in the calculation of damages. Legal Advice should be sought as there are many variables not considered in the Queensland Compensation Estimator that may result in higher or lower damages estimates.
- The Queensland Compensation Estimator ignores whether, or not, a party was negligent in an action and whether such negligence caused the damages to you. If an insurer or respondent to a claim is not negligent or any alleged negligence was not caused by their negligent action, then I understand that I will not be entitled to any damages whatsoever.
- The Queensland Compensation Estimator ignores the date at which your accident occurred and any limitations on pursuing actions that may apply. It is strongly recommended that you consult legal advice in relation to a potential action as soon as possible to avoid being prevented from pursuing an action. The Limitation of Actions Act 1974 (QLD) requires Court proceedings to be commenced in relation to an action under the Motor Accidents Insurance Act 1994, Personal Injuries Proceedings Act 2002 and Workers’ Compensation and Rehabilitation Act 2003 within three (3) years of the alleged negligent action. Section 34 of the Civil Aviation (Carriers’ Liability) Act 1959 requires that your right to damages is extinguished after two (2) years from the date the aircraft arrived at the destination or, where the aircraft did not arrive at the destination (a) the date on which the aircraft ought to have arrived at the destination; or (b) the date on which the carriage stopped; whichever is the later. Please consult legal advice in relation to these limitation dates as soon as possible.
- The Queensland Compensation Estimator is using Pain and Suffering Amounts (also known as General Damages) as calculated in accordance with the Civil Liability Act 2003 and Civil Liability Regulation 2014 (in relation to actions under the Personal Injuries Proceedings Act 2002 and the Motor Accidents Insurance Act 1994). In relation to actions under the Workers’ Compensation and Rehabilitation Act 2003, the Queensland Compensation Estimator uses the Pain and Suffering amounts contained within that legislation and the Workers’ Compensation and Rehabilitation Regulation 2003. The variables used are current as at 1 July 2019 but is indexed each year and will generally increase in value. The Queensland Compensation Estimator also uses only one injury in its calculation. If there are multiple injuries, then this may entitle you to an uplift in your pain and suffering calculation. Please consult a Lawyer to discuss multiple injuries as soon as possible.
- The Queensland Compensation Estimator uses a global estimate (based on past cases and our experience) for your Past and/or Future Economic Loss damages. It does not assess your weekly wage, medical evidence about the extent of your injuries, any loss of wages, any change in employment, loss in employment or and witness evidence about the extent that your injuries have impacted on your employment. There is no expert evidence in this calculation. With the correct expert evidence, the Queensland Compensation Estimator may be incorrect and the actual range of potential damages may be significantly higher (or possibly lower). We recommend speaking with a Lawyer regarding your individual case to properly assess the extent of your economic loss and damages (if any).
- The Queensland Compensation Estimator uses an estimate for Care (both paid or Gratuitous). Gratuitous Care is only available under the Personal Injuries Proceedings Act 2002 and the Motor Accidents Insurance Act 1994 if you receive more than six hours of care per week for the first six months. Gratuitous Care may be available under the Workers’ Compensation and Rehabilitation Regulation 2003 if you have a Degree of Permanent Impairment above 15% and the person has a moderate to total dependency on day to day care for the fundamental activities of daily living. A Lump sum amount of up to $226,555 may be provided. Care is calculated as an estimate on previous cases and depends upon witness evidence to corroborate the need to either Gratuitous or Paid Care.
- The Queensland Compensation Estimator does include not an amount for Superannuation and/or Interest, both of which will likely be available to most people. Please consult a Lawyer to properly calculate the amounts of Superannuation and/or Interest that you may be entitled to.
- There are often refunds to Workcover Queensland, Centrelink, Medicare, Private Health insurers and the Child Support Agency. The Queensland Compensation Estimator does not include any information regarding those refunds. To properly calculate those refunds and their impact on the settlement amount, we recommend contacting a Lawyer to discuss.
- Main Lawyers is not responsible for the use of the Queensland Compensation Estimator. The calculator is not meant to be used to accurately estimate a person’s damages. Given the many variables in a Personal Injury case, we recommend speaking with a Lawyer about your matter.