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Public Liability Insurance Claim QLD

Who can make a claim?

Anyone who has been injured as a result of the negligence of another person in a public or private place may have a claim for compensation.

What can be claimed?

The amount of compensation that can be claimed depends on the nature and extent of a person’s injuries.  Compensation can be claimed for:-

  • pain and suffering;
  • past and future out of pocket expenses;
  • past and future loss of income; and
  • loss of superannuation.

Subject to exceeding thresholds contained in the legislation, claims can also be made for:-

  • past and future care; and
  • legal costs.

How to make a claim

A Form 1 Part 1 Notice of Claim must be sent to the person(s) considered at fault within one (1) month of consulting a lawyer or nine (9) months from the date of the accident, whichever is the earlier.  If a Form 1 Part 1 Notice of Claim is not sent to the person(s) considered at fault within time, a reasonable explanation must be given for the delay. Once you receive a response to Form 1 Part 1 Notice of Claim, you must send them Form 1 Part 2 Notice of Claim within one (1) month.

Limitation Periods

Court proceedings claiming compensation for your injuries must be filed within three (3) years from the date of the accident (or for infants three (3) years from their 18th birthday).  There are important procedural steps that must be taken before you are entitled to file court proceedings.  If court proceedings are not filed within that period your claim becomes statute barred.  This means that you lose all of your rights to receive compensation for your injuries.

For further information please contact our Personal Injuries Department Manager, Casey Reedyk on 1800 621 071 or email creedyk@attwoodmarshall.com.au.