Brisbane Car Accident Lawyer for Motor Vehicle Accidents

To start your claim, you need to:

• Obtain legal advice as early as possible
• Report the accident to Queensland police (if police did not attend the scene)
• Complete and serve a Claim Form and CTP Medical Certificate on the CTP insurer of the vehicle/driver at fault

We can help you every step of the way. For immediate help, call our team on 1800 621 071.

If you have been injured in a motor vehicle accident in Brisbane, that was wholly or partially caused by someone else, you can make a claim.

This includes injuries suffered by a driver, passenger, pedestrian, motorbike rider, cyclist or anyone else injured as a result of a motor vehicle collision, or action taken to evade a collision.

To find out whether you are eligible, call us on 1800 621 071.

You can claim a lump sum of compensation for losses incurred as a result of your physical and/or psychological injuries.

Depending on your circumstances, a Brisbane motor accident compensation claim can include:

• General damages, pain and suffering;
• Income/wage loss, loss of earning capacity, interest, and superannuation;
• Medical treatment costs (including surgery, hospitalisation, rehabilitation, medical treatment, medication, travel costs);
• Aids, equipment, wheelchairs, prostheses;
• Rehabilitation, employment services provider, retraining, and/or return to work costs;
• Care and assistance provided by relatives/others for things like personal care (grooming, mobilisation, dressing, showering), domestic chores, cleaning, gardening, yard work, driving, home maintenance;
• Paid/commercial care (e.g. paid cleaner, gardener);
• Home modification costs;
• Depending on the value of the claim, the CTP insurer may be required to contribute to a significant portion of the injured person’s legal fees and evidence costs.

That amount of compensation you can claim depends on many different variables, such as:

• The nature, severity and permanency of your injuries;
• Your age;
• Your income, qualifications and employment history;
• The effects of your injuries on your ability to earn income;
• Your treatment requirements;
• Your care and assistance requirements;
• The opinions expressed by your treatment providers and independent medico-legal assessors.

Lawyers are unable to provide an accurate estimation as to the value of your claim until your injuries are deemed medically stable and stationary. At this point, you will be assessed by independent medico-legal assessors who provide reports on the effects of your injuries on all aspects of your life.

While an injured claimant is waiting to resolve their lump sum compensation claim with the insurer, they often receive ongoing medical treatment and rehabilitation costs paid for by the insurer. Where the insurer admits liability for the accident, the insurer is required to fund all reasonable and necessary treatment and rehabilitation costs on behalf of the injured claimant as the claim progresses.

The CTP insurer admits liability in most cases – often only 1-2 weeks after the claim form is lodged.

If the CTP insurer denies liability, the insurer will not fund treatment and rehabilitation costs over the course of the claim.

The insurer is not required to pay weekly payments or income loss payments over the course of the claim. However, if the claim is successful, the insurer will backpay the injured person for all income loss (including interest and superannuation) that the injured person incurred as a result of their injuries.

It is highly unlikely you will have to go to court.  Most motor vehicle accident claims are settled out of court, informally, or at a settlement conference.

The length of a compensation claim depends on how long the person’s injuries take to stabilise and what the parties’ attitudes are towards settling the claim.

Generally, a claim will take 12-18 months unless the claim is complicated or involves serious injuries.

Attwood Marshall Lawyers work on a No Win No Fee basis, which means that we defer your legal fees and we pay your disbursements and evidence costs on your behalf until the end of your claim. If we don’t win your claim, you do not have to pay our legal costs – we waive them entirely.

Yes!

For a standard claim:

The Notice of Accident Claim Form must be served on the insurer within 9 months of the accident (or date of first symptoms) or a reasonable excuse for delay will be required. The 9-month time limit is usually not fatal to a compensation claim.

For a Nominal Defendant claim:

If the driver/defendant vehicle is unable to be identified (or the defendant vehicle is uninsured/unregistered) then an injured person can still make a claim by serving the Claim Form on the Nominal Defendant. The Nominal Defendant answers the claim as if it is the CTP insurer.

A claim against the Nominal Defendant must be served within 3 months of the accident or a reasonable excuse for delay is required. The claim must be served and compliant within 9 months of the accident or the claim will be statute barred and you will be permanently prevented from making a claim after that date.

Three Year Time Limitation:

A compliant claim form must be served and the claim commenced in court (or otherwise have its time limitation protected) within 3 years of the date of the accident or the claim will be statute-barred and you will be prevented from making a claim after that date.

For minors (under the age of 18), the three-year time limitation does not expire until three years after their 18^th birthday (i.e. on the date of their 21^st birthday).

Strict time limits apply. If you are involved in a motor vehicle accident it is imperative that you obtain legal advice as soon as possible.  Call us on 1800 621 071.

If you have been injured in a motor vehicle accident, Attwood Marshall Lawyers are Brisbane’s longest standing and most trusted lawyers to help you with your compensation claim. We have been providing expert legal services throughout Queensland for 75 years and offer:

• Our No Win No Fee Promise
• Free, no-obligation initial and confidential consultation
• Immediate assessment of your claim
• No upfront costs
• Expert Brisbane legal team led by Accredited Specialists in Personal Injury Law
• 24 Hour Availability (late nights, weekends, public holidays)
• Home and hospital visits throughout Brisbane

Our Brisbane lawyers are trained to listen and connect with you to ensure that we understand your story and what is important to you.

We act on a No Win No Fee basis.

We know that making a claim for compensation can be a daunting process. We are here to assist you every step of the way. We are driven to achieve optimum results for you in the shortest time frame and with as little stress as possible. We take care of your claims process so you can focus on your health and wellbeing.