Motor Vehicle Accident Injury Claims

If you have been injured in a car accident or motor vehicle accident due to the negligence of another person, AMK Lawyers can help you obtain the compensation and damages you are legally entitled to through a Compulsory Third Party (CTP) insurance claim. CTP insurance pays compensation to people who have suffered an injury in a motor vehicle accident where negligence can be established.

This includes if you have been injured in a car or motorbike accident, boat or bicycle accident, plane, jetski or truck accident or other motor vehicle accident.

If the accident caused a fatal injury, dependents may have a right to bring a claim regarding funeral expenses and loss of dependency.

Even if the car accident or other motor vehicle accident that caused your injury was an unidentified or unregistered motor vehicle, you still have the right to make a CTP claim, although the time limits are much shorter. In that case, there is a state insurer, the Nominal Defendant who will respond to the claim.

What to do if you are involved in a motor vehicle accident?

Step 1: Seek medical attention

Step 2: Call the police and notify them of your injuries (or get someone to do it on your behalf). Ensure to obtain a Queensland Police Report Number

Step 3: Call AMK Lawyers about your legal rights, remembering that time limits do apply. Complete this enquiry form or call us directly.

Am I eligible to make an injury compensation claim for a motor vehicle accident and how can AMK Lawyers help?

You need to consider the following things. First, did you sustain an injury that resulted from the accident? Secondly, are you the driver of the vehicle who is not at fault? Answering “yes” to both these questions means you may pursue a CTP insurance claim.

You may be able to make an injury compensation claim if you are:

A pedestrian or cyclist injured by a car (i.e. a cyclist hit by a vehicle or the open door of a vehicle or a pedestrian hit by a vehicle)
A driver or passenger injured in a motor vehicle accident (single car accidents and multiple vehicle accidents)
A passenger suffering whiplash as the result of a car accident, or
A driver or passenger injured in a motor vehicle accident as a result of items on the road (e.g an oil spill) or items that have not been properly secured to another vehicle.

Who is obliged to pay for the claim?

Once a CTP claim is filed, it is not the driver of the motor vehicle being sued but rather, the insurer. All expenses brought about by the damages related to the accident are covered by the insurer under the outlined CTP, which includes the expenses for defending the case and the settlement amount which would eventually be agreed upon.

What compensation can I claim for a motor vehicle injury accident?

In each case, AMK Lawyers (based just outside Ipswich) will work with you to understand the circumstances surrounding your injury from the car accident and then advise you on your prospects for achieving a successful injury compensation claim. This injury compensation claim could be used to compensate you for pain and suffering, medical expenses, physical or emotional rehabilitation needs, other direct expenses, plus loss of earnings including overtime.

The amount of compensation you receive will depend on a combination of factors including the nature and extent of your injuries, your age, your loss of earnings and likely loss of earnings in the future, the amount of care you need or may need, your out of pocket expenses and any future expenses incurred from the motor vehicle injuries sustained in Brisbane and Queensland.

Are there time limits to make a car accident injury claim?

It is important you contact us as soon as possible after your accident so we can lodge the necessary claim forms with the insurance company. There are strict time limits associated with this particularly if you do not know the identity of the other vehicle. Also, make sure you speak to AMK Lawyers before signing any documentation from the other party or the other party’s insurance company, otherwise you may lose your right to claim damages.

Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not do so then you could lose your rights forever and be prevented from claiming (‘statute barred’).

You should also be aware that before you can issue proceedings in Court you must first comply with ‘pre-Court’ procedures pursuant to the Motor Accident Insurance Act (MAIA).

A ‘Notice of Accident Claim Form’ must be given to the CTP insurer of the vehicle(s) at fault. Generally this must be done within 9 months of the accident or within 1 month of retaining the services of a solicitor.

In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three months.

The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the ‘at fault’ vehicle is either unregistered or unidentified.

If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three year period once pre-court procedures have been completed. However, such proceedings must usually be filed within 60 days of a compulsory conference.

Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardise a claim. There are also many other time limits that can jeopardise a motor vehicle accident claim if not complied with.

As can be seen time limits under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us or fill in the enquiry form located here.

How long can the process take?

On average it takes 14 months for a motor vehicle accident claim to settle. The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity. Claims that go to the courts will take longer and be subject to the schedule of the courts.

How much will it cost to make a motor vehicle accident compensation claim?

We are a No Win, No Fee injury compensation law firm, which means if we don’t win your case, you don’t pay.

If you would like more information please enquire online and we can call you back or make an appointment to visit you at your chosen location. Whilst we’re situated in Goodna, we service all of the Ipswich area and all over Queensland.

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Work Injury Compensation Claims

If you’ve had an accident while working or if your health and wellbeing have been affected in the workplace, you may be eligible to make a claim for workers’ compensation. This applies to workers who have sustained injuries at—or as a result of—their job and includes any pre-existing injuries, illnesses or diseases that are worsened by the workplace.

At AMK Lawyers, we know that claiming workers’ compensation can be a complicated and involved process. That’s why we have a team of lawyers that specialise in WorkCover and workplace injury claims who can help you.

Instituting a Claim

If you are injured while at work, or suffer a work related injury, you are legally entitled to make a workers’ compensation claim or WorkCover claim. It is compulsory for Queensland employers to hold suitable workers compensation insurance for their employees.

A workers compensation claim or WorkCover claim covers injuries and accidents caused by the negligence of an employer or co-worker or any other third parties that you deal with at work.

What Injuries can be claimed?

Workplace injuries can range from serious illness, injury or damage (including amputations, fractures and brain injuries) through to strains and sprains (including repetitive strain injury or RSI). It also covers psychiatric injuries that may arise from witnessing a traumatic event at work as well as things like bullying and harassment.

Work injuries that are covered by WorkCover include injuries;

That occurred at or as a result of work and during work hours (e.g. while on a lunch break)
Such as a disease caused by work or diseases or pre-existing conditions that have been made worse by work
Suffered whilst travelling as part of work (not usually to and from work) or whilst receiving medical treatment for a separate work injury

What compensation can I expect for a workers compensation claim?

If you have suffered an injury during the course of your employment you may be entitled to a range of compensation benefits through a workers compensation claim. There are a number of different factors that can affect the compensation you may be entitled to, our work injury lawyers will work on your behalf to get the best outcome for your situation.

You may be able to claim compensation for:

pain and suffering, including loss of quality of life
immediate and future medical expenses, and
loss of earnings and future earnings.

Should I accept the lump sum offer from WorkCover and how can AMK Lawyers Help

Always get expert legal advice from our compensation lawyers before accepting any offer from WorkCover, or before signing any documentation from your employer or your employer’s insurance company (including WorkCover’s Notice of Assessment) as the lump sum compensation offered by WorkCover may not adequately compensate you for the long term consequences that arise from your injuries.

AMK Lawyers will make sure your claim covers everything that you are entitled to. Our lawyers can also help with advice about:

lump sum compensation entitlements
rejected WorkCover claims.

Call us now for a no obligation free initial consultation as strict time limits apply.

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Public Liability Claims

If you have suffered an injury in a public place or visiting business premises, government premises or other property, or as an independent contractor going about your work, you may very well have a personal injury claim and be entitled to compensation. Just some of the circumstances which may give rise to such compensation are as follows:-

Slip and fall accidents, ie. in supermarkets, shopping centres, retail centres and on footpaths;
Accidents at private residences;
Accidents at schools or in parks or playgrounds;
Injuries due to defective or faulty products;
Dog attacks;
Boat accidents;
Injury suffered by an independent contractor on a construction site;

If it can be proven that your injury has resulted from the wrongful or negligent act or omission of another party, then you may be entitled to compensation as follows:-

Compensation for pain and suffering and loss of your amenities of life;
Loss of earnings (including loss of past and future income and loss of superannuation payments);
Medical and rehabilitation expenses you have incurred and are likely to incur in the future;
Care costs (including past and future care);
Out of pocket expenses;

If your injury occurred on your way to or from work, or during the course of your work, you are most likely entitled to claim workers’ compensation benefits (or Workcover Statutory Benefits as they are also known), whilst you are recovering from your accident injuries.

Such personal injury claims are usually termed “public liability claims” or PIPA claims as they are governed by the provisions of the Personal Injury Proceedings Act 2002 (also known as “PIPA”) in Queensland. To pursue your public liability or PIPA claim and to ensure it is protected, you must comply with the procedural provisions as stipulated in the Personal Injuries Proceedings Act 2002. AMK Lawyers have a team of personal injury lawyers who specialise in PIPA claims and can guide you through the legal processes involved in such claims and which must be complied with in order for you to protect and pursue any compensation entitlements you may have under such legislation and at Common Law.

Information You Should Obtain Following your Accident

We’re happy to talk you through this but in summary here are some considerations and requirements for those wishing to make a public liability claim:

Take photographic evidence of the injured part, the cause of the injury or the place where it occurred
See a GP immediately and inform him or her about the cause of your injury
Ensure that everything is well documented and keep hold of all medical records and bills for consultations
If you’ve received an injury from an object, then try to take possession of the object so that you can use it as evidence

Call us now for a no obligation free initial consultation as strict time limits apply

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Total and Permanent Disability (TPD) Insurance Claims

TPD insurance benefits are usually paid as a lump sum where the claimant suffers a that permanently prevents them from working in their normal job or any other work for which they are suited for by education, training or experience. Most Australian workers are covered for TPD insurance through their super fund. So, if you have suffered an illness or injury that prevents you from performing your normal work duties, you might be eligible to make a TPD claim.

You may also have TPD insurance cover through a life insurance policy provided by:

Your employer as part of an EBA or employment contract
A union
From your financial institution or bank
Your financial advisor

Where TPD claims get complicated is around the exclusion or eligibility clauses in the fine print of a TPD policy. AMK Lawyers have extensive experience helping our clients understand the fine print in their insurance policies. We will work tirelessly to ensure you get every dollar and benefit that you’re entitled to. So, get the process rolling and contact us about your TPD claim today. We’re here to help.

Am I eligible for a TPD claim?

Broadly, you’re eligible to make a TPD claim if:

1. You have TPD cover through your super fund or other channel, which most workers do, or;

2. You can show you’re unable to do your normal job or any other work for which they are suited for by education, training or experience

For example, if having a bad back stops you from working in your normal construction job, you may be entitled to make a TPD claim — even if your doctor says you’re fit for another kind of employment, such as office work.

Remember though, when it comes to TPD claims there are always terms and conditions, which can be confusing and tricky to navigate. Our experienced TPD lawyers can help you understand your entitlements and fight for the highest benefit possible.

How much will my TPD benefit be?

TPD benefit amounts vary depending on the individual policy terms negotiated by your super fund or employer. Benefits are usually paid as a lump sum worth tens or even hundreds of thousands of dollars. TPD insurance amounts often decrease or lapse as you age so its important to check the level of cover at the time you ceased work due to disability even if cover has since ended.

How to claim total and permanent disability insurance

Contact AMK Lawyers as soon as you think you have a claim. We will work with your superannuation fund/s to determine your eligibility and size of your claim.

Our expert TPD lawyers will then follow these four main steps to lodge your TPD claim:

1.Request documentation from your super fund, including:

An initial claim form
Medical attendant statements
Certificates of release
An employer statement
Authorities that give your super fund or insurer permission to request further information from your doctors and other third parties like Medicare

2.Submit your claim

We help you complete all your documentation and then submit your claim

3.Your claim is assessed

Your super fund and insurer will review your documentation. They may also request further evidence, such as specialist reports or tax records.

4.Your insurer makes a decision on your claim

Your insurer can:

Accept your claim

If you engage our expert TPD lawyers from the beginning, you’ll have a much better chance of your claim being accepted. Your insurer will contact you with your claim payment options.

Decline your claim

Your claim has not satisfied the conditions of your policy.

Declare procedural fairness

Based on the information you provided, your insurer will most likely decline your claim but they have decided to give you 28 days to provide further information that may support your claim.
We understand a declined or delayed claim is often upsetting for claimants who are already under medical and financial stress, but don’t lose hope. Your local AMK LAwyers team will do everything in our power to get you the result you need. We know the ins and outs of a range of TPD policies and can help you find the information you need to get the benefits you deserve.