Types of compensation matters

Lee Lawyers’ practice in this area includes advice concerning personal injury and damages claims arising from matters such as:

• motor vehicle accidents;

• workplace incidents;

• occupiers’ and public liability;

• injuries arising from the use of premises or facilities;

• product-related injuries;

• professional negligence;

• medical negligence;

• injuries involving recreational or sporting activities; and

• other circumstances in which a person may have a legal claim for damages arising from personal injury.

The legal regime applying to a particular matter will depend upon the nature of the incident, the identity of the potential respondent and the circumstances in which the injury occurred.

Queensland personal injury claims

The Queensland Personal Injuries Proceedings Act 2002 establishes procedures for many claims for damages arising from personal injury.

The Act is directed, among other things, towards the speedy resolution of claims, early settlement where appropriate, preparation of claims before court proceedings are commenced and the control of the costs of personal injury litigation.

The legislation can impose important procedural requirements before proceedings may be commenced. There can also be significant consequences if the applicable procedures are not properly followed.

For that reason, obtaining appropriate legal advice at an early stage can be important.

Evidence and assessment of a claim

Personal injury claims commonly involve substantial factual, medical and financial evidence.

Depending upon the circumstances, relevant evidence may include:

• medical records and reports;

• information concerning the circumstances of the incident;

• witness evidence;

• employment and income records;

• tax and business records;

• evidence concerning treatment and rehabilitation;

• evidence concerning future medical or care requirements; and

• other material relevant to liability and the assessment of damages.

The assessment of damages is not simply a matter of adding medical expenses or lost income. Different categories of loss may be governed by particular statutory provisions and principles of common law.

Time limits and procedural requirements

Time limits can apply to personal injury claims. There may also be requirements to give notice of a claim and to comply with prescribed pre-court procedures.

The Personal Injuries Proceedings Act 2002 contains provisions concerning the commencement and progression of personal injury claims and, in certain circumstances, the interaction between compliance with the statutory procedure and applicable limitation periods.

A potential claim should therefore not be left until shortly before the relevant limitation period expires.

Legal costs

The costs of pursuing a personal injury claim depend upon the circumstances of the matter, the work required and the applicable costs legislation.

Where Lee Lawyers is prepared to act in a personal injury matter, the basis upon which the firm will provide legal services and charge for those services will be explained to the client before the firm is retained.

Where appropriate, the availability of a conditional or other costs arrangement can be discussed with the client, subject to the applicable legal requirements.

Any such arrangement is subject to its terms and does not necessarily mean that a client will have no liability for all costs, expenses or other amounts.

A careful and evidence-based approach

Personal injury litigation can involve significant factual, medical and legal issues.

Our approach is to identify the relevant legal issues, obtain and assess the necessary evidence, and advise the client about the available options.

Where a claim is capable of resolution without court proceedings, appropriate steps can be taken to seek an efficient resolution. Where litigation is necessary, Lee Lawyers has experience conducting civil litigation in Queensland.