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Anxiety and depression compensation claims

Commonly asked questions

If you are suffering from a psychological illness which you believe has been caused by the fault of another party, you may be entitled to claim compensation for your injury on the basis of negligence.

Even if you cannot prove fault on the part of another party, you may be entitled to make a claim for total and permanent disability, which is made against your superannuation fund.

If you have suffered from pre-existing mental health problems, you are still able to claim for psychological injury to the extent that your condition has been made worse by the event or events in question. At Stacks Law Firm, we will arrange for you to be assessed by a medico-legal psychiatrist for a specialist opinion, with a view to helping to show the link between your injury and the event or events in question.

There are a number of different factors that impact on the amount of compensation that you may be entitled to in a claim for a psychological injury. A compensation lawyer from Stacks Law Firm will be able to provide you with advice in relation to this after considering the particular circumstances of your injury.

There are different time limits that apply, depending on the circumstances of your psychological injury.

If your psychological injury was suffered at work or due to work, a claim must be commenced in court (or a compliant notice of claim form lodged with WorkCover Queensland or your employer’s self-insurer) within three years of the date of the injury. If your injury happened over time, such as a repetitive strain injury, the three year period starts from the date when the symptoms of pain first commenced.

If your psychological injury was suffered as a result of a motor vehicle accident, a claim form is required to be lodged with the relevant CTP insurer within nine months of the date of the accident or within one month of consulting a lawyer, whichever is the earliest. If the driver of the vehicle at fault is unidentified, then the claim form is required to be lodged within three months of the date of the accident and required to be compliant within nine months of the date of the accident. Court proceedings must be commenced within three years of the date of the accident.

If you have suffered a psychological injury on public or private property, a claim form is required to be lodged with the respondent within nine months of the date of the accident or within one month of consulting a lawyer, whichever is the earliest. Court proceedings are required to be commenced within three years of the date of the accident.

In certain circumstances, it may be possible to make a claim outside the limitation period, however you should seek advice from a compensation lawyer as soon as possible.

Why Stacks?

Obligation free initial consultation
At Stacks Law Firm we believe that a person should be entitled to be advised of their legal rights regarding a potential claim without feeling obliged to proceed. For this reason, we are happy to meet with you on an obligation and cost-free basis to explain how the law operates and advise you on whether your potential claim is likely to succeed.
Appointments outside of business hours
At Stacks Law Firm we understand that due to work, family or other commitments, arranging a meeting during normal business hours can be difficult. For this reason, we are happy to meet with you either before or after usual office hours from Monday to Friday, or even on the weekend if preferred. It is our way of honouring our commitment to you.
Home visits if preferred
At Stacks Law Firm we understand that some clients find it difficult to attend a lawyer’s office and instead prefer to meet in their own home or a venue close to their home, such as a coffee shop. This may be for a variety of reasons, including convenience, comfort, or health or mobility reasons. We are happy to meet at your convenience and arrange the meeting in a location that best suits you.
Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve
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We provide clear, practical advice, in plain English, so that you can make decisions with confidence

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