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Motor vehicle accident lawyers

If you have been injured in a road accident as a result of the negligence of the driver or rider or another vehicle, you may be entitled to compensation for the pain and suffering that your injuries have caused, as well as the financial loss that has flowed as a result of your injuries, such as your inability to work, requirement for domestic assistance or medical treatment expenses.

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.

It is important that you seek early legal advice from a car accident lawyer regarding your potential entitlements to compensation. A car accident lawyer from Stacks Law Firm can help you by explaining how the law operates in Queensland and what your potential entitlements may be.

What does the process of making a car accident compensation claim involve?

If the police did not attend the scene of the accident, you are required to report the accident to police. At Stacks Law Firm, we can assist you with this by completing a “Report of Accident to Police” form which you can then take to your local police station.

Next, you will need to have your general practitioner complete a CTP medical certificate, which we can provide to you.

Once this has been attended to, we will complete a “Notice of Accident Claim Form” which you will need to sign once you have confirmed that the information in the form is correct. We will then ascertain the identity of the relevant CTP insurer and submit the claim form to the insurer together with the completed medical certificate.

Once the insurer has received the Notice of Accident Claim Form and is satisfied that it is compliant, the insurer will then usually offer to pay for any ongoing reasonable medical treatment expenses.

The insurer will then conduct an investigation to ascertain which party was at fault in the accident. Once the investigation has been completed, the insurer will issue a liability response which will be either an acceptance or denial of liability.

You will usually be required to attend a medico-legal assessment, arranged by both our firm and the insurer. Once the medical reports have been received, a compulsory settlement conference is arranged which you will need to attend. We will represent you at the compulsory conference.

The purpose of the compulsory conference is to attempt to negotiate a settlement of your claim. On many occasions, this is able to be achieved for a favourable amount of compensation.

However, not all claims resolve at the compulsory conference. This may be due to the insurer maintaining that the accident was caused or contributed to by your negligence, or it may be because the amount of compensation offered to resolve your claim is inadequate to compensate you for your injuries.

We will advise you on whether the amount offered is within the range of damages that a judge would be likely to award to you, however it is ultimately your decision as to whether you are prepared to accept the final offer made.

If your claim does not resolve at the compulsory conference, we are required to file court proceedings on your behalf. This does not necessarily mean that your claim will proceed to a trial before a judge, as there are many other opportunities to resolve your claim before it reaches a court room. In fact, only in a small percentage of personal injury claims in Queensland proceed to court.

At Stacks Law Firm, you can rest assured that we will guide you through every step of the way.

How much will it cost to make a car accident compensation claim?

At Stacks Law Firm, we act on a “no win no fee” basis, which means that if you do not receive any compensation from your claim, then we will not charge any legal fees or expenses. The legal costs of a claim depend on a number of factors, including the complexity of the claim and the stage at which the claim resolves. At Stacks Law Firm, we can provide you with an estimate of the likely costs once we have met with you to understand the particular circumstances of your injury.

How long will it take to make a car accident compensation claim?

A claim is usually resolved within approximately 12 to 18 months from the date of the accident. However, some claims are more complex than others, for example, a claim involving a number of different parties where the question of fault is in dispute.

We will keep you updated on the progression of your claim and the likely time frame that your claim will take to resolve.

What if the accident was caused by fault on the part of the Department of Transport and Main Roads?

Claims for compensation arising from motor vehicle accidents are not restricted to claims against a CTP insurer. For example, if you can establish that your accident was caused by a defect in the road or confusing signposting, then you may have grounds to lodge a claim against the Department of Transport and Main Roads. A compensation lawyer from Stacks Law Firm can provide you with advice in relation to such a claim.

Are there any time limits for making a compensation claim that I need to be aware of?

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

Can I make a compensation claim if I am a passenger in car and I have been injured?

If you have been injured in a car accident as a passenger, it will ordinarily be much easier to succeed in proving fault than if you were a driver. The reason for this is because one of the drivers involved in the accident will ordinarily be found to be at fault in the accident, even if it was a single car accident.

Should I represent myself in a CTP claim?

Personal injury law is a specialised area which requires a detailed knowledge of the relevant legislation that applies to your claim, as well as past cases that have been decided in the Queensland courts. Sometimes there are medical causation questions that arise which require the opinion of specialist doctors.

No win no fee lawyers

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.

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