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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

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