Cairns Personal Injury Lawyers

At Adams McWilliams we take out the confusion and provide a professional service

To assist we have created this document answering your most frequently asked questions!

How much money will I get?

No Solicitor, irrespective of their experience or knowledge is able to tell you exactly how much your claim will be worth from the outset, however we are able to provide a reasonable estimate based on some basic information that we obtain from you during our initial consultation. The amount you are worth, or the quantum of your claim, is calculated by reference to the evidence we obtain throughout the claims process. We use that evidence to make submissions about how your life is going to be affected in the future and how your injuries are likely to impact on certain aspects of your life, such as your earning capacity and your ability to participate in recreational activities. Although, we can provide an estimate of how much you are worth during our initial assessment, we have to qualify that estimate pending a full investigation of liability and quantum issues and only after we have completed a full investigation and quantum analysis will we be able to more specifically advise in relation to how much money you are likely to receive for your claim.

If I'm injured at work will I lose my job?

No, it is against the unfair dismissal laws for your employer to fire you for making a personal injuries claim.

How do I claim personal injury compensation in Queensland?

The claims process in Queensland can often seem illogical and confusing to people who are not familiar with the various systems that operate in Queensland. It is for that reason that we advise that you should click contact us so that we can advise you as to the best course of action.

Generally, the claim process is initiated by lodging a notice of claim form, of which there are several types depending upon the type of accident, i.e. workcover/work related road accident/motor vehicle/public liability or medical negligence. It is necessary for the plaintiff to lodge the correct notice of claim with the relevant insurer/defendant within the time frames stipulated by the particular act governing the action. Furthermore it is necessary that the claim form be deemed a complying claim form within the time limits.

It is often necessary that a medical certificate from your doctor accompany the notice of claim. Once the notice of claim form has been deemed ‘compliant’ the action will be governed by the relevant provisions of the applicable legislation pursuant to which the notice of claim has been served.

For assistance, in drafting a notice of claim or to seek further advice regarding making a claim in Queensland Australia, please click make a free compensation claim enquiry.

Who can claim?

Any person who has sustained any kind/type of any injury whilst in Queensland, may be entitled to claim compensation, so long as there has been negligence on the part of another party, be it an employer, practitioner, landowner, landlord or motor vehicle driver to name but a few. You are able to make a claim no matter where you currently live, so long as the accident occurred whilst in Queensland and generally, was not longer than 3 years ago. Minors are also able to appoint a litigation guardian (usually a parent) so that they too can lodge a claim for personal injuries compensation so as to protect their future interests.

How long does it take to finish a claim and receive a payout?

The length of time taken to finish a claim and get paid varies according to the type of claim and the individual circumstances of the claimant. A claim cannot be settled until an injured person recovers to the extent that their medical condition is stable and stationary and not likely to further improve with medical or surgical treatment in the foreseeable future.

Some injuries take longer to heal than others and so a time frame is difficult to estimate until we can obtain some basic information about your medical condition and also obtain a medical specialist's prognosis. At our initial consultation, we are able to provide an estimate of how long we expect your claim to take from the time when you reach the stable and stationary point. When your claim is settled, it usually takes between 4 to 7 weeks to receive your compensation payout.

How much money will I have to pay my solicitor?

Solicitors in Queensland are not permitted to charge a percentage of your settlement amount. Solicitors only get paid for the work that they perform on a file. We will be able to provide to you with a reasonable estimate during our initial consultation regarding how much money you are likely to pay for legal expenses, however it is difficult to know how much work will need to be done until a full investigation and quantum analysis is completed. In many instances, we will be able to recover a portion of your legal expenses from the insurance company which means that you pay even less out of your compensation payout.