If you’ve suffered an injury, whether at work, on the road, in a public place, or within a hospital, understanding your rights and potential compensation options is crucial. In Queensland, common law claims provide an avenue for seeking additional compensation beyond the statutory benefits offered by the workers’ compensation scheme. Let’s explore common law claims and their implications. It will also provide information on how a personal injury lawyer in Brisbane can help you with your common law claim.

What Is a Common Law Claim?

A common law claim is a way for individuals who have been injured due to someone else’s negligence to seek justice and compensation. If you’ve suffered an injury because of someone else’s actions, this claim allows you to pursue financial support for things like medical bills, lost wages, and the pain and suffering you’ve endured. Whether it’s from a car accident, a workplace incident, or a public place mishap, a common law claim gives you a chance to hold the responsible party accountable. It’s important to have the right legal guidance to navigate this process and ensure your rights are protected.

Who is eligible for a common law claim?

In Queensland, to be eligible for a common law claim, you must have sustained an injury due to another party’s negligence. This includes injuries from motor vehicle accidents, workplace incidents, public liability, and medical negligence. For workplace injuries, you generally need to go through the workers’ compensation process first. Consulting a personal injury lawyer is essential to navigate these requirements and assess your eligibility.

What Is The Average Common Law Claim Payout In Queensland?

In Queensland, the average payout for a common law claim varies based on several factors, including the nature of the injury, age, occupation, and future medical needs.

For workplace accidents, WorkCover Queensland statistics indicate an average common law payout of approximately $168,83612. For those in Brisbane seeking to navigate the complexities of such claims, consulting with workers compensation lawyers in Brisbane can be instrumental in securing a fair settlement.

How To Apply For A Common Law Claim?

To apply for a common law claim, you must follow these steps:

1. Consult a Lawyer

Start by consulting a qualified personal injury lawyer in Queensland for tailored advice and to understand your rights.

2. Submit Notice of Claim for Damages

Submit a Notice of Claim for Damages under the Personal Injuries Proceedings Act 2002 (PIPA) with your lawyer’s assistance, detailing your injury and claimed damages.

3. Ensure Notice Compliance

Ensure the notice complies with all statutory requirements and deadlines to avoid delays or dismissal of your claim.

4. Gather Evidence

Collect relevant evidence such as medical records, witness statements, and photos of the accident scene to support your claim.

5. Independent Medical Examination

Attend an independent medical examination if requested by the respondent. The findings will be used to assess your claim.

6. Negotiate and Make Offers

Engage in negotiations with the respondent or their insurer to reach a fair settlement, with your lawyer facilitating the process.

7. Accept or Reject Offer

Consider settlement offers carefully. Your lawyer will advise if the offer is fair. Accept if satisfactory; reject and prepare for court if not.

8. Prepare for Court if Necessary

If no settlement is reached, prepare for court by filing legal documents and building your case. Your lawyer will represent you in court.

9. Seek Further Legal Assistance

Continue to seek your lawyer’s advice throughout the process to ensure compliance with legal requirements and to achieve the best outcome.

Remember that the common law claim process can be complex, and seeking professional legal assistance is crucial. At Revolution Law, we’re here to help you navigate the intricacies and secure the compensation you deserve.

How Long Does A Common Law Claim Take?

The duration of a common law claim in Queensland can vary based on several factors, including the complexity of the case, negotiations, and court proceedings. Here’s what you can expect:

1. From our extensive experience:

Common law claims on average take between 15-18 months

In rare circumstances, common law claims can settle as early as 8 months or can span out over many years if there is a trial.

2. Time Limits:

It’s crucial to be aware of time limits:

• Lodging a claim: A workers’ compensation claim must be lodged within 6 months of sustaining the injury or becoming entitled to compensation (e.g., requiring medical expenses or time off work due to incapacity)
• Commencing court proceedings: If pursuing a common law claim, court proceedings must be initiated within 3 years from the date of the accident or injury; otherwise, the claim may be lost.

3. Legal Representation:

The common law process is complex, and legal representation is essential. Seek advice from experienced personal injury lawyers in Brisbane.

Is There A time Limit To Apply For A Common Law Claim?

In Queensland, Australia, the law stipulates a time frame within which you must initiate a common law claim. This period, known as the limitation period, is three years from the date you were injured or became aware of your injury.

However, there are exceptions where this time frame can be extended. It’s crucial to get legal advice to understand these nuances and protect your rights. If you don’t start your claim within this time frame, you may lose your right to claim damages. This is often referred to as being “statute barred”.

The process of filing a common law claim can be intricate, and it’s generally beneficial to have a legal representative. They can guide you through the process, including the submission of a notice of claim for damages.

Keep in mind, every case is different and the information provided here is a general guide. It’s always best to seek professional legal advice tailored to your specific situation.

How Revolution Law can help with your Common Law Claims

Revolution Law, with our team of experienced legal professionals, can be your trusted partner in navigating the complexities of your legal claim. By understanding the intricacies of the law we’re committed to fighting for your rights.

Whether it’s understanding the limitation period, filing a notice of claim, or negotiating a settlement, Revolution Law can provide the guidance you need. Making the process less daunting, ensuring you’re well-informed at every step.

At Revolution Law, we’re driven by a passion for justice, backed by extensive experience and knowledge, and a steadfast commitment to achieving the best results for our clients. With us, you’re never just a case number – your story is what matters most, and it’s our top priority. Reach out to Revolution Law and take the first step towards securing your future.