We remain open and continue to serve our communities during the COVID-19 pandemic. Click here for more info

Personal injury lawyers

Commonly asked questions

There are a number of factors to consider when assessing the value of a claim, including the following.

  • The circumstances of the accident
  • The nature and extent of your injuries
  • The nature and extent of any pre-existing injuries
  • Your age and life expectancy
  • Whether your injuries have impacted your ability to earn an income in the past
  • Whether your injuries are likely to have an impact on your ability to earn an income in the future
  • Past and future care required, which includes both paid care and care that is provided at no cost by family or friends
  • Medical and other expenses that you have incurred
  • Likely future expenses

The likely future impact of an injury is not known until the injury stabilises and specialist medical evidence is obtained.

Once the required evidence has been received, a compensation lawyer at Stacks Law Firm will be able to consider your specific circumstances and advise you on how much compensation you are likely to recover.

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 with the question of fault in dispute. At Stacks Law Firm, we will keep you updated on the progress of your claim and the likely time frame that your claim will take to resolve.

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

If your 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 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 been injured 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
Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence

News

Does a smack on the bottom constitute common assault?
14 Oct 2021
Annabel Bassil was managing a Sydney bar when a man she didn’t know smacked ...
Read More
New laws extend police power to hack suspects’ personal computers
08 Oct 2021
New Commonwealth legislation has extended police power and security agency ...
Read More
Work safety poster leads to $200,000 damages award
05 Oct 2021
A work safety poster has ended up costing $200,000 in damages after a court ...
Read More
“I paid the deposit on time and the vendors have to complete the property sale.” Which case won?
05 Oct 2021
On 4 April 2019, a purchaser and vendors exchanged contracts for the sale of a ...
Read More
If a person with a secret second family dies, who inherits their estate?
30 Sep 2021
It’s a classic plot in movies and novels – a man dies, leaving his family to...
Read More
Does marriage or divorce automatically revoke a will?
28 Sep 2021
Did you know if you were to get married and then die soon afterwards, the fact ...
Read More
The reverse mortgage – one of life’s gambles?
23 Sep 2021
With the government encouraging self-funded retirees to tap into their home’s ...
Read More
New short-term rental laws in NSW – Code of Conduct, fire safety standards and STRA Register
21 Sep 2021
In December 2020, new short-term rental laws were introduced in NSW, with ...
Read More
“My mum can’t claim on the estate of my dad, they split up decades ago.” Which case won?
21 Sep 2021
Dr and Ms L met in 1984 when he was practicing as a GP and she was his patient. ...
Read More
Can my ex claim part of my lottery winnings?
15 Sep 2021
If a couple separates and one of them wins lotto, can that person be legally ...
Read More
“The Ferris wheel accident was due to the council’s negligence and left me with psychiatric injuries.” Which case won?
07 Sep 2021
Declaration of interest: the author and Stacks Law Firm acted for the plaintiff ...
Read More
Can a dying declaration be admitted in evidence?
01 Sep 2021
A man is shot and lies dying on the floor in a pool of blood. He’s discovered ...
Read More

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Complete the form and one of our experts will get back to you within 24 hours.

Reach out

Fill out this form and one of our local law professionals will be in contact

By submitting this form you agree to the terms of our Privacy policy