How Much Time is Given for Filing Personal Injury Claims in Queensland?

injured elderly making a claim

Have you recently sustained injuries from a car accident or medical malpractice in Queensland? Plaintiffs in the state only have three years to seek legal action for personal injury cases, or else a court will likely dismiss them.

Deadline for Claims

If you live in the suburbs, experienced personal injury lawyers in Townsville may help you with your case. Take note that the state generally allows a person to notify the at-fault party up to one month from instructing a lawyer, or up to nine months after the incident.

If the plaintiff involves a child, the court will enforce the deadline of notifying the other party when the person reaches 18 years old, although parents can do so before that time. Parents should also submit a Part 1 Notice of Claim for medical malpractice cases, or when filing claims on behalf of under-age people. The state provides a six-year deadline for submitting the form after parents discover or should have discovered about the injuries.

Costs and Expenses

Those who worry about legal fees may work out a deal that lets their lawyer take a significant share of the settlement. Alternatively, you can choose to hire a lawyer based on the “50/50 rule” for a “no win, no fee” case.

This requires your attorney to put a cap on fees that they may charge you. They should communicate the terms effectively; otherwise, you are better off finding another lawyer. Remember to build a strong case by gathering as much evidence as possible from the cause of injuries, which consequently increases your chances of winning a court award for damages.

It can be stressful for car accident victims to file personal injury claims, especially if the other party is not cooperative. For this reason, a competent lawyer will be helpful in making sure you receive the fair and reasonable compensation for the injuries and damages caused by the incident.