Painless & Professional Injury Claims
With Our Expert Personal Injury Lawyers
Here’s everything you need to know about claiming personal injury compensation in Queensland
Life after an injury changes in more ways than you might realise. Not only are you dealing with pain, it’s likely there are roll on effects influencing your ability to work, life at home and your ability to enjoy life as well.
If you are thinking of making a personal injury claim in Queensland, or if you’re not sure what the best course of action is, you need a team that will work with your individual situation. The experts at Main Lawyers are on hand to guide you through the process towards the outcome you deserve.
The Hidden Impact of a Personal Injury
If you are currently suffering due to an accident that wasn’t your fault, you are probably dealing with a range of symptoms and problems right now.
You may be on leave from work because of a physical injury to your neck, leg or hand. But, there may also be other secondary issues of pain, emotional distress and anxiety about the situation.
On top of that, you may have the stress of not knowing how to budget for bills and household needs as you are unable to work. The good news is that you don’t have to suffer alone and in silence. Instead, you can make a personal injury claim for compensation.
How expert injury lawyers can help you
A personal injury claim typically relates to a situation where you as an individual were injured due to the actions and/or negligence of another party. There are lots of different circumstances where this can happen and we see a wide range of cases.
When you work with our friendly firm you can receive the very best service, advice and support as you make your claim.
Personal injury claims actually relate to a lot more circumstances than you might imagine. You may have seen plenty of adverts with people slipping on wet floors at work or tripping on cracked paving outside.
Motor vehicle personal injury claims
Motor vehicle accidents are common – from major crashes to small bumps caused by other drivers that weren’t paying attention. The incident may have been quick and there may have been minimal damage to the car. However, it doesn’t take much for drivers to experience neck or back injuries.
A sudden stop or collision with a car in front can cause whiplash or aggravate other conditions. This could limit mobility, making it difficult to drive for a while and even make it difficult to work.
You shouldn’t have to suffer the financial stress of a loss of income when you can make a personal injury claim. Whiplash compensation is an important part of personal injury compensation in motor vehicle accidents.
When we talk about motor vehicle accident claims, we want to stress that this doesn’t just mean car owners and car accidents. There is the potential for help if you are a pedestrian or bicyclist involved in an accident too.
Workplace accidents and injury claims
Workplace injuries are also common. Some occupations are more hazardous than others. Any environment with heavy machinery or dangerous equipment comes with a risk of injury.
Workplaces that aren’t up to code or that turn a blind eye to regulations may be liable. Workers with injuries that lose time at work or need rehab and treatment can make a workplace compensation claim to cover those costs.
If you were driving to or from work, or were out on a job, and have been injured, you may also be covered for workers compensation. Our experts can look at your situation and advise on the best course of action for you.
Accidents in public places
Then there are the other personal injury claims that you can make from accidents in public places. This means an injury or accident that could have been prevented by the actions of another party.
For example, if a store fails to put up a wet floor sign and you slip, they may be at fault. If you trip on loose paving then you may have a claim against those responsible for its upkeep.
To claim compensation for accidents in public places, you must have clear proof of negligence. If you can’t prove that your injury occurred due to someone else’s negligence, you may not be able to make a claim. We can help you figure out whether you can make a claim during your free initial consult with our team, so get in touch.
Medical negligence personal injury claims
Another important area of personal injury claims is that of medical negligence. Perhaps you went into hospital for a routine procedure but became ill due to the negligence of the staff on the ward.
Perhaps there were complications in surgery or mistakes were made. You may decide that you don’t want to take action against a hospital for an honest mistake. But, does this institution have a history of mistakes with its patients? Is it time that someone did something?
Mining accident injury claims
The mining industry is a dangerous one with lots of risks of injury. Sites that don’t operate with correct health and safety procedures may be liable to pay if there are accidents. You can claim as a worker, but also as a contractor, visitor or a rep if you have been injured on a mining site.
Emotional and psychological personal injury claims
Sometimes the impact of a personal injury or accident goes much deeper than the physical pain and scarring of the incident. Accidents can leave us shaken and damage our confidence and self-esteem.
Workplace injuries may make us question our abilities and role at work – even if the accident wasn’t our fault. This could exacerbate the recovery period and contribute to a loss of earning.
Some people that suffer car accidents can struggle to get back behind the wheel because of the memories and emotional trauma of the incident.
There are also other situations which might contribute towards emotional or psychological injuries. Mistreatment in the workplace, for instance, could leave negative repercussions which may enable you to make a claim against an employer.
How can you be sure if you are entitled to any compensation from a personal injury case?
One reason that you may be holding back in making a claim is that you might not be sure if you are entitled to any compensation for your injury. You might be wondering any of the following
Do you really have a case?
Are your injuries and circumstances enough to warrant a claim?
Is someone really culpable and in line to pay compensation?
It is easy to assume that the answer is no. You might talk yourself out of legal action because you think that other people won’t understand your suffering or the secondary effects of the accident. This doesn’t have to be the case.
There are a number of situations and injuries you can claim compensation for. The specifics differ in each state so make sure you consult a professional!
What can you claim for when filing a personal injury claim in Queensland?
There are a number of things that can be claimed for in a personal injury case.
You will have heard that term “damages” in a legal connotation with personal injury cases. But, what do we actually mean by damages?
This can fall under many different categories. You may even find that many of these apply to your personal situation.
Your claim may include compensation for
Loss of past and future income
If you have dealt with any loss of earnings due to an inability to carry out your job as before, you may be able to make a claim.
This relates to damages for pain and suffering or loss of enjoyment of life. If you are injured and this causes you pain and distress, it is likely you can make a claim for injury compensation on the basis of these damages.
Gratuitous or paid care and assistance
If you have brought in help or paid for services for tasks you can’t perform, you may have a claim there too.
For example, injuries that prohibit you from driving can quickly rack up taxi or Uber expenses you wouldn’t otherwise have. Home help or gardening services may also fall under this category.
Past and future medical and rehabilitation expenses
There may be medical costs from your injury – medical bills, specialist treatment, drugs or other medical expenses – that came out of your own pocket.
A skilled personal injury lawyer can help you get these expenses back. If you need ongoing medical attention, you may also be able to receive compensation that will cover these expenses rather than paying them out of your pocket.
Loss of past and future superannuation benefitse
The nature of personal injuries can be rather complicated. Your ability to receive superannuation benefits can be affected as a result of injury in a number of direct or indirect ways.
If your injury prevents you from working, the time you take away from work affects the superannuation you accumulate. Depending on your super policy and any insurance that you can claim through that, you may also find that your ability to claim on life insurance or make a TPD claim is affected.
It all depends on your situation
Remember that every case is different and that is why we treat everyone as an individual with personal circumstances. That is why it is important to get in touch to discuss your case and the opportunities in front of you.
You may be able to claim more than you would imagine. This personal, individual nature of the service Main Lawyers offers means that there are different compensation estimates for different clients.
Get in touch today to book your free initial consultation with us.
How much compensation could you get for your personal injury claim?
As we mentioned, every case is different. This is something that we know well as expert personal injury lawyers.
Compensation and damages are calculated based on a range of different circumstances and we can look into this with you during your free initial consultation with us. It doesn’t cost you anything to find out.
We can consider the first-hand trauma and injury and the negligence of those responsible. We can also look at those additional losses and implications. Other factors like age and health can alter the payout too.
This means that it isn’t a good idea to go into a claim with a specific sum in mind. Just because one person in a similar situation got a certain amount of dollars doesn’t mean you will too.
How is compensation calculated?
A payout is generated by calculating a monetary value on the period of time affected by your injury. When calculating the amount of compensation you might be able to receive, we talk about a predicted life path and an actual life path.
Your predicted life path is the route you intended to take or would have taken by default if you had not experienced an injury. It includes looking at the money you would have earned through your work and your daily actions as an employee, parent, spouse or other responsibilities.
Your actual life path may have been significantly altered after the accident. Your ability to work and earn may have changed and you may not be able to live up to those responsibilities and duties in the same way.
We would look at this period and the loss of earnings within, as well as the added expense of healthcare and other services.
Having said that, there are estimates available based on the nature of an injury and the severity of its impact on the rest of your life. Given that there is so much variance between the laws affecting compensation in different states and for different injuries, these figures should not be taken literally.
The following examples are correct as of 2018 and relate to the Statutory WorkCover Compensation amounts.Common law damages claims may offer different payouts depending on the details of the accident.
These values do not equate to the specific amount you may be able to get. Rather, they are a very rough guide intended for informational purposes only.
Chat with one of our experts during your free initial consultation to receive more accurate information specific to your case.
Back injury compensation
The back is one of the most sensitive areas of the body and often leads to the most injuries.
Spinal issues are common with personal injury cases. But, we also have to consider damage to the muscles, soft tissue, nervous system and cervical cord.
For example, some people can experience a cervical cord injury without fracturing their spine. The impact of such an injury could amount to compensation up to $243,000. A thoracic cord injury, either with or without a spinal fracture, could amount up to $178,000 for general damages.
Other back injuries may receive varying amounts of compensation depending on the severity of the injury, the type of accident that caused it and it’s lifetime impact on your quality of life.
Chat with our experts to find out what the best course of action is if you’ve sustained a back injury.
Spinal injury compensation
There are all kinds of spinal issues related to the discs and vertebrae. A slip or fall can lead to quite extensive pain and damage in this area. It is common for many people with back injuries to experience ongoing pain from a prolapsed or herniated disc.
There is no need for an operation due to the subjective symptoms and no loss of movement. Others may deal with a major compression fracture of vertebrae in the thoracic spine. Both are currently valued up to $26,300.
Once that prolapsed intervertebral disc needs to be treated surgically – either by discectomy or fusion – and results in mild pain and loss of movement, the compensation payout may increase further.
If this is even worse, with a prolapsed disc, surgical intervention, referred pain, persistent pain and moderate loss of movement, the payout increases again. Chat with our experts to assess your situation.
Knee injury compensation
Knee injuries are actually quite complex and there are lots of different symptoms that may make you entitled to damages.
Those that experience any moderate to severe examples of aggravation of a pre-existing knee condition may be able to get some compensation though the amount will depend on the extent of the new injury.
Any form of patellar fracture – either with or without the need for an operation – could receive compensation around $29,730. The compensation payout for a total knee replacement, on the other hand, may be worth significantly more at $123,845.
Shoulder injury compensation payouts
Injuries sustained to shoulders due to motor vehicle incidents, the use of machinery or other accidents at work are another frequent injury type.
Any injury to the shoulder region that results in the mild loss of movements can earn up to $15,860 of compensation. If the injury affects the broader shoulder region with a moderate loss of all movements then this could receive 2-3 times more compensation, around $42,275.
Hand and/or finger injuries
This another common area when it comes to the different injuries sustained at work or in public. Fingers can become trapped in doors or machinery. Dangerous equipment may result in the loss of fingers or the whole hand. Payouts for hand issues can be as simple as some sensory loss due to nerve damage which may receive up to $21,140 in compensation.
The structural loss of fingers is typically valued similarly. However, the structural loss of an index finger is considered to be much worse and worth almost double.
Then there are what are known as crush injuries to the hand.
These injuries lead to multiple fractures with mild loss of motion and extensive scarring and soft tissue damage. The compensation values for these vary significantly though may be up to $105,680.
This may increase with more significant loss of motion and scaring. For injuries classed as structural loss of hand or arm below the elbow, compensation values are considerably higher at $237,775.
Eye injuries can be devastating whether they are long-term issues or short-term. Those that suffer due to chemicals or injuries at work may be able to make a claim as are people who experience eye injuries from other incidents.
If you experience the loss of vision in one eye – that is since corrected – this is valued at around $107,605. If instead you lose the total loss of vision in the eye resulting from the loss of the eyeball then this increases to $121,040. If you experience the total loss of vision of one eye and less than 10% vision in the remaining you may get around $280,710.
Total sight impairment is a whole other kettle of fish and calculated differently yet again. Chat with our team to find out what applies to your specific situation.
There are lots of different ways that brain injuries can affect us following an accident. A skilled personal injury lawyer can help you understand your options.
Some of the recent payouts and guide on this subject include the following.
Moderate brain injuries may affect the functioning of your senses. Those with severe vertigo that results in subjective symptoms and signs and total dependency can receive around $231,170. A loss of smell is valued at approximately $40,365 while a loss of smell and taste is more at $67,240. Those that experience a loss of speech can receive around $188,310.
Other injuries affecting brain function may be considered in combination with other body injuries. These may include traumatic brain injury, paralysis due to spinal cord damage or injuries due to head trauma. The nature of the compensation will be affected by the cause of the injury and its severity.
Chat with our experts today to find out more specific information about your case.
Ankle Injury Compensation
Compensation amounts for ankle injuries will depend on whether you have made a full recovery or if your injury has caused permanent weakness, scarring or discomfort.
This is relevant to injuring involving minor displacement, fracture, sprains or ligament damage affecting the ankle structure.
Compensation can be up to $81,950 for an extreme ankle injury occurring at work though, as mentioned ,amounts vary based on many factors. Chat with our team to receive more specific information for your situation.
Finally, it is worth considering the potential compensation payouts that you can get from psychiatric problems. Again, mental health disorders and distress shouldn’t be ruled out of personal injury cases.
WorkCover recognises different levels of mental illness as personal injuries for which compensation may be claimed. This relates to damages form impairment through trauma – such as major depression or psychosis – as well as adjustment disorders, anxiety/depression, PTSD and other psychiatric issues.
Other personal injuries
This list is just the start of what you can receive a payout for when it comes to physical damages. There are also specific payouts for neck injuries, such as whiplash, and issues of disfigurements and scaring and other conditions that affect organs.
This is another reason why it is so important to talk to an expert personal injury lawyer at Main Lawyers. We can offer advice on claims for injuries and damages you may not have considered.
What is your next step?
So what happens next? If you feel that you are ready to make a claim, or just want to learn more about your options, contact us.
Our skilled injury lawyers can help you with your enquiries and set you on the right path. That first step and first point of contact can be the most daunting as you commit to this venture. We promise to guide you from that very first phone call and set you up with the right people.
You can call us or use our online enquiry form to ask questions and book your free initial consultation.
There are many stages involved when it comes to making a successful personal injury claim and these stages will affect the time frames until you may receive compensation. Read on to find out more about our process.
Free initial consultation
Claims calculations based on your details and injuries
Handling all the right documentation
Handling the assessment
Managing the claim long-term
Dealing with a settlement
FREE Initial Consultation
That’s right, it costs you nothing to get the right advice. Our initial consultation with you is free. In it we’ll assess the specifics of your situation and calculate whether you can make a reasonable claim for compensation.
Compensation calculation for your specific situation
We will take a look at your situation and provide a free assessment within 24 hours of receiving your request. If we believe that we can move forward together then we can work on building a case and achieving the compensation you deserve.
We will work on a no win no fee basis which means that you do not need to pay our fees unless we achieve a successful outcome for you.
If we feel that you do not have a case then we will let you know and you will be no worse off financially. There is nothing to lose from giving us a call and setting up a consultation. There is a chance that you won’t get the answer you had hoped for, but you can have peace of mind in knowing that you looking into the matter. If we can help, we will be right with you to build the case.
Handling the documentation
Our top personal injury lawyers will work on your case and deal with the paperwork on your behalf. We can help you in making a claim and make sure that you have enough documentation and evidence for the best results.
Workplace injuries may benefit from statements from employers. Motor vehicle incidents require insurance documentation. You will also need proof of any loss of earnings and medical reports about injuries sustained.
The more we have to work with, the better the outcome. No need to worry though, we’ll guide you on every step of the way.
Handling the claim
We understand that this is a stressful, uncertain situation and you want a quick, painless experience.
That is why we promise to offer you a friendly, personal service that suits your needs and situation.
We will follow your lead in terms of what you want to do and listen to your individual needs while also offering our professional expertise. We will then use our skills and resources to handle the claim in the best possible manner.
Many personal injury claims take time to resolve. We’ll be by your side to the very end, even if you have a complicated claim that will take longer. We’re with you for the long haul.
Settling out of court
Most companies don’t want to go to court and fight your claim. The owners of the business at fault don’t want the bad press that will come from the process.
As a result, around 98% of personal injury claims are settled out of court. We will strive to make this happen so you can avoid stressful court appearances.
Let’s talk about your options
Now that you have a better idea of your options and possible compensation payouts, it is time to talk about taking that next step. If you believe that you have a case, are in need of compensation and are happy to proceed, it is time to talk to our team at Main Lawyers. We assist clients throughout the Gold Coast, including Southport and Coomera, Logan, and even down to the Northern Rivers.
Don’t forget that there are time limits on compensation claims for personal injury claims. Anyone in need of these services should act quickly. There is a time limit in effect as part of Queensland law.
Wait too long and you could miss out.
The current law claims for damages for personal injuries (including dependency claims) must be commenced within three years of the cause of action arising.
Three years can go by quickly without realising it. Don’t sit around assuming that those responsible have gotten away with their negligence. Take this opportunity to make a claim.
Why is Main Lawyers the best choice when finding a Queensland personal injury law firm?
It is important that all claimants have peace of mind about the process and the people they are working with. You need to be sure that you can trust the team you are working with to deliver for you.
Why turn to our team of experts to help you with your case?
As you can see, there is a long process between contacting us about an injury and achieving your compensation. Each step needs to be handled in a professional manner with experts that you can trust.
You can be sure that your case will be handled by expert personal injury solicitors that have plenty of experience in these matters. Some firms may allocate personal injury cases to their more junior members, but that isn’t the case here.
We know that your claim is important and demands the expertise of the finest solicitors you can get.
It doesn’t matter how complicated the case is, or how much you are looking to achieve in damages.
At the same time, you can be sure of a service that is friendly and understandable. We are here to help you – both with the claim and with the process. We also have the benefit of being a boutique firm.
Larger firms may sound like a good option at first, but these businesses can overcharge for drawn-out processes. You might get passed around while paying high fees.
Here your case will go through Lachlan Main, our Principal lawyer, in a more streamlined process. This means more professionalism, faster outcomes and better results for all concerned.
We understand that this can all be daunting and foreign so we will always work with you and ensure that you understand proceedings and are comfortable to continue.
We also appreciate that costs can be an issue. After all, financial strain is one of the most common reasons for clients to contact us. That is why we promise an affordable service with our no win, no fee guarantee.
Curious to learn more?
Personal Injury Frequently Asked Questions
How much does a personal injury claim cost?
Money is a dominant factor in many decisions regarding personal injury claims. Those that suffer accidents and injuries are driven to claim compensation from a loss of earnings or medical expenses.
But, there is also the fear that the process is too expensive and not worth the risk. Some people will give up on the chance to get what they are owed because they don’t want to be left with expensive fees.
That first consultation with one of our solicitors is free of charge. We don’t want you to have to worry about money. That’s why we’ll be upfront with you about whether your claim is worth pursuing or not.
From there, the final personal injury claim costs can vary. This will depend on the amount of time and resources given over to the case and the number of medical assessments needed.
If we need a larger team over a longer period, this will be reflected in the final bill. However, some claimants will find that their bill can be partially covered by their Public Liability Insurer.
What is a no win no fee service?
You have probably heard this term a lot in adverts, but what does it actually mean?
Basically, if we can’t win the case for you and get you the compensation deserved, we won’t charge our fees. This means that you have no risk of services you can’t afford or of sliding closer to debt.
Our guarantee only covers our costs. There may still be costs you will need to cover related to any medical tests or screening sessions that are critical for your claim. These are external to us and our no win no fee guarantee may not cover these.
Is it really worth taking the time to make a claim for a Queensland personal injury case?
Many people that suffer minor injuries will be told that they are wasting their time. Those on the outside looking in may not see the extent of an injury and encourage you to just move on.
Companies may twist the narrative and say that you had partial responsibility, so can’t achieve anything.
The truth is that you shouldn’t have to suffer the impact of a personal injury without financial compensation – especially if another party is responsible. It doesn’t matter how minor they perceive the injury to be.
If you have a claim for damages, distress and/or financial losses, it is worth the chance to look into lodging a personal injury claim.
If you win, you can cover your expenses and make life a little easier. If you lose, you won’t have to pay us anything. Either way, our initial consultation is free and we can assess your situation then at no cost to you.
Book your free initial consultation with our Main Lawyers personal injury lawyers today.
As you can see, there is nothing to lose and a lot to gain by talking to us.
We can’t make promises about the amount you will receive, the length of the process or the actions of those you make the claim against. We won’t pretend that this is an easy, stress-free experience.
What we can promise is that we will be there to guide you on the right path every step of the way. You can rely on us for a friendly, professional service tailored to your case.
It is vital that you get in touch with our personal injury law firm as soon as you can if you think you have a claim.
There are two reasons for this. First of all, the sooner we can get the ball rolling and start a case, the sooner your distress will be over. Secondly, there are strict time limits in place in Queensland with these personal injury claims. Leave things too long and you may miss out on your chance.
If you are ready to get started, make that call today or contact us via our online enquiry form to book your initial consultation with one of our expert personal injury lawyers. We look forward to hearing from you and helping you get the compensation that you deserve.