Personal Injury FAQ

A personal injury claim is a claim for compensation for physical or psychological injury caused by another party's negligence or a statutory scheme. Common claim types include motor accidents, workplace injuries, public liability, and medical negligence.

Most common law personal injury claims must be commenced within 3 years of the injury, but statutory schemes often impose earlier notification deadlines of weeks or months. Missing a deadline can extinguish the claim entirely, so advice should be obtained early.

Workers compensation is a no-fault statutory scheme that provides weekly payments, medical expenses, and lump sums for injuries arising out of or in the course of employment. Each state has its own scheme with different thresholds, benefits, and dispute mechanisms.

Common law claims against employers (work injury damages) are available in limited circumstances and generally require proof of negligence, crossing a permanent impairment threshold, and accepting limits on damages categories. Rules vary sharply by state.

A CTP (compulsory third party) claim arises from injuries in a motor vehicle accident and is made against the insurer of the at-fault vehicle. Most states now have a hybrid no-fault and common law scheme for motor accident injuries.

Motor accident injuries typically must be reported to police within 28 days and an insurer notified within 28 days of the accident for full statutory benefits. Later notification is possible with a reasonable explanation but can limit entitlements.

A public liability claim is a negligence claim against an occupier, business, or other party whose breach of duty caused injury in a public or commercial space — slips, trips, falls, and defective premises are common examples.

Occupiers and businesses owe a duty to take reasonable care to avoid foreseeable risks of harm to entrants. The standard is assessed against what a reasonable person in the defendant's position would do, considering the probability, seriousness, and burden of precautions.

Heads of damage typically include past and future economic loss, medical and care expenses, pain and suffering (general damages), and gratuitous care. Statutory caps, thresholds, and discount rates apply under the Civil Liability Acts and scheme legislation.

Non-economic loss is typically assessed as a percentage of a maximum amount, with thresholds that must be crossed before any damages are awarded. In NSW the threshold is 15% of a most extreme case, and the maximum is indexed annually.

Contributory negligence is where the injured person's own conduct contributed to the injury — for example not wearing a seatbelt or ignoring a warning sign. Damages are reduced by the percentage of the claimant's responsibility, sometimes by 100%.

Yes. Medical negligence claims require expert evidence from a practitioner in the same or a similar field to establish breach of duty and causation. The peer professional opinion defence in the Civil Liability Act also turns on expert evidence.

A no-win-no-fee arrangement means the law firm only charges professional fees if the claim succeeds, usually with an uplift. Disbursements may still be payable in some circumstances. The arrangement must comply with the legal profession legislation and be in writing.

Yes, in most cases. Damages are reduced by your percentage of fault under contributory negligence rules. Some schemes have specific reductions or bars — for example intoxication or serious offending can trigger additional reductions or complete defences.

Most statutory schemes require a notice of claim to be served on the relevant insurer or authority within a short window (often 6-9 months) before proceedings can start. Failure to serve on time requires a reasonable excuse and can delay or defeat the claim.

Straightforward statutory claims can resolve in 12-18 months. Contested common law claims typically take 2-3 years, longer if liability or the injury is disputed. Settlement is far more common than trial.

Yes. Insurers and statutory authorities are usually entitled to have the claimant examined by an independent medical practitioner. Unreasonable refusal can lead to adverse findings or suspension of benefits.

A WPI assessment by an approved medical assessor produces a percentage figure used as a gateway for lump sum benefits and common law access. The assessment methodology is prescribed by the relevant scheme and the AMA Guides.

Lump sums for personal injury are generally not assessable income and are not taxed. Structured settlements have specific tax treatment, and components for past economic loss in some cases may be assessable. Take specific tax advice on large settlements.

Most personal injury firms operate on no-win-no-fee arrangements. Professional fees are typically deducted from the settlement, subject to statutory caps where they apply (for example the "50/50 rule" on costs vs damages in some jurisdictions).