Personal injury claim preparation checklist (AU)
Personal injury claims have strict time limits and pre-court procedural steps. This checklist runs through the standard intake and preparation phases.
This is a 12-step preparation checklist for personal injury claims in Australia — motor accident, workers compensation, and public liability. Each AU jurisdiction has its own scheme; this checklist covers the common preparation steps applicable to all.
The checklist
Identify the type of claim
Motor accident (CTP), workers compensation, public liability, medical negligence. Each has different rules and timeframes.
Identify the relevant jurisdiction
PI law is state-specific — NSW MAIA, VIC TAC, QLD MAIC, etc. Identify the correct scheme.
Check the time limits
Each scheme has specific time limits for notice and proceedings. NSW MAIA requires accident notification within 28 days. Statute of limitations typically 3 years.
Take the client history
Cover the accident, injuries, medical treatment, employment impact, and pre-existing conditions.
Gather medical records
Obtain medical records from all treating providers — GP, specialists, hospital, allied health.
Calculate economic loss
Calculate past and future economic loss — wages, superannuation, future earning capacity.
Identify any insurance policies
CTP, workers compensation, private health, income protection, TPD. Each may have implications for the claim.
Lodge claim notification
Lodge formal notification with the relevant scheme within the statutory timeframe.
Arrange independent medical examinations
Arrange IMEs as required by the scheme and to support the claim assessment.
Prepare the statement of claim
Draft the claim with particulars of injury, treatment, and economic loss.
Quantify damages
Calculate non-economic loss (pain and suffering), economic loss, and any other heads of damage.
Negotiate or proceed to court
Most PI claims settle at conciliation. Court proceedings are reserved for contested liability or quantum.
When this checklist applies
Use this checklist at the start of any personal injury matter. Time limits are critical — note them at step 3 and diarise.
Common pitfalls
- Missing the 28-day NSW MAIA notification deadline
- Failing to check pre-existing conditions in the medical history
- Underestimating future economic loss
- Not coordinating with workers compensation if both schemes apply
- Missing the limitation period for proceedings
Run this checklist on a real matter
Quillio supports personal injury claim preparation by analysing medical records, building chronologies, and drafting claim documents. See /practice-areas/litigation-lawyers or start a free trial.
This checklist is a general guide. PI law is jurisdiction-specific — adapt for the relevant state scheme and the particular facts.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no sales call.
Start your free trial