NO WIN, NO FEE LAWYERS
Motor Vehicle And Car Accident Lawyers
If you have been injured in a motor vehicle, car accident or road
accident in Queensland and the accident was not your fault, you
may be entitled to compensation for your injuries.
If you have been injured in a motor vehicle, car accident or road accident in Queensland and the accident was not your fault, you may be entitled to compensation for your injuries.
Motor Vehicle and Traffic Accident Compensation Brisbane, Gold Coast and South East Queensland
If you have been involved in a traffic or motor vehicle accident – whether you were driving, a passenger or a pedestrian – if you have sustained an injury and were not at fault for the accident, you could be entitled to compensation.
The compensation claims process for motor vehicle and traffic accidents can be overwhelming and difficult to navigate by yourself. However, if you’re in the Brisbane, Gold Coast and South East region of Queensland, we can help you.
At South East Injury lawyers we offer a motor vehicle and traffic accident compensation claim service where we can help you through the entire compensation claim process. We understand how overwhelming and difficult the claim for compensation process can be, especially if you’re dealing with an injury. That is why we offer our service on a no win no fee basis – if your claim is not successful, you won’t pay us anything.
Who can make a claim for injuries sustained in a Motor Vehicle Accident?
If you have been injured (either physically or mentally) in a car or motor vehicle accident and you are not at fault for the accident, you have the ability to bring a CTP (‘Compulsory Third Party’) damages and compensation claim against the CTP insurer of the vehicle at fault for the accident.
CTP claims can also be commenced by individuals who have lost a family member in a road accident.
What Compensation can you get for Car Accidents and Traffic Incidents?
There is no set compensation amount that you are entitled to if you’ve sustained an injury as a result of a motor vehicle or traffic accident. Factors like the extent of the injury, the cost of treatment and potential ongoing care costs, as well as loss of income as a result of the injury and age of the victim, all play a role in determining the amount of compensation you may be entitled to.
Call us today to find out what compensation you are entitled to.
Injuries that could entitle you to Motor Vehicle Accident Compensation
All kinds of injuries can be sustained as a result of road accidents. Some common road accident injuries that you could be entitled to compensation for include:
Back and neck injuries
Post traumatic stress disorder
Sprains and fractures
Traumatic brain injuries
The above list is not exhaustive, to see more injuries that may be caused by motor vehicle and road accidents, click here.
It’s important to remember that injuries affect everyone in different ways – what seems like a small injury now could turn into a chronic problem. That’s why, if you’re injured, even minorly, in a road accident of any kind, you should seek legal advice.
Frequently Asked Questions About Motor Vehicle And Traffic Accident Compensation
You may be entitled to compensation or personal injury damages for injuries you have sustained in a motor vehicle accident, car accident, motorcycle accident, bike accident or as a pedestrian struck by a vehicle.
You will be entitled to a personal injury damages or compensation claim for such accidents where the accident was caused by the fault or negligence of another driver.
The first step is to contact our office so that we can submit the claim form to the relevant CTP insurer for you given the complexity of this area of law.
We will take steps to serve the relevant CTP insurer of the vehicle at fault with a Notice of Claim Form which will start your claim.
Throughout Australia, all cars, trucks, motorcycles and other vehicles being driven on roads are required to have Compulsory Third Party (CTP) insurance.
Hence, when you are injured in a motor vehicle or car accident than it is the CTP insurer of the vehicle at fault that will pay the compensation or damages for your accident injuries.
As all registered vehicles in Queensland are required to have CTP insurance, then your motor vehicle accident compensation claim will be against the CTP insurer and not your relative or friend. As a result, it will be the CTP insurer paying your compensation for your car accident injuries.
Can I make a claim if the motor vehicle accident was caused by an unidentified, unregistered or uninsured vehicle?
If you have been injured in a road accident by an unidentified vehicle or uninsured vehicle, you still can bring a compensation claim for personal injury. However, such a claim will be made against a government body set up for this situation being the Nominal Defendant.
The Nominal Defendant is a body set up by the Queensland Government to fund compensation claims made by individuals injured in circumstances where there is an unregistered or uninsured vehicle, or a car which has caused the accident cannot be identified.
You typically have 9 months from the date of the car accident or one month from the consultation with a lawyer (whichever is the earlier date) to bring a CTP damages or compensation claim. A CTP Notice of Claim Form can be served outside of this timeframe with a reasonable excuse.
However, this timeframe is shorter in circumstances where there is an unregistered vehicle, unidentified vehicle or where a vehicle does not have CTP insurance. In this situation, the claim must be made within 3 months from the date of the accident and if made outside of the 9 months post-accident date, your personal injury claim will be statute barred.
This will depend on the severity of your injuries and when you will reach maximum medical improvement. Typically, we can obtain medical evidence in relation to your car accident injuries approximately 10 months post motor vehicle accident and hence your car injury claim will likely be ready for resolution approximately 12 months post-accident.
The amount of compensation you receive will be heavily dependent on the extent on the type of injuries you have, the severity of those injuries, your actual lost income and treatment expenses and medical evidence as to the nature and effect of your injuries. It will also depend upon your age and occupation at the time you were injured in the car accident.
They types of injuries you can claim for are exhaustive, but include:
- Back and neck injuries;
- Sprains and fractures;
- Crush injuries;
- Post traumatic stress disorder;
- Whiplash Injuries;
- Head injuries;
- Shoulder injuries;
- Hip injuries;
- Soft tissue injuries;
- Ankle knee and foot injuries;
- Spinal injuries;
- Catastrophic injuries;
- Traumatic Brain Injury;
- Carpal tunnel syndrome;
- Neurological injuries;
- Internal injuries;
- Psychiatric and psychological injuries including depression, post traumatic stress disorder, adjustment disorder, anxiety, traffic phobia and pain disorder;
- Nervous shock;
- Chronic pain disorder;
- Complex regional pain disorder.
Neck and whiplash injuries can be debilitating and can flare up a number of times over a life time. Significant compensation can still be awarded for these types of injuries in a personal injury damages claim.
We act strictly on a no win, no fee guarantee basis. This means that if you do not receive compensation for your accident claim, we will not be charging any legal fees or outlays and hence you will not be at a loss. Whether you have had an accident at work, you’ve been involved in a car accident or you have some other type of compensation claim, we can assess claim and if we believe that there is a viable chance that we can achieve a successful result in your claim, we will take on your case. Unlike other compensation law firms who run motor vehicle accident claims, work accident claims or other compensation claims we will also not require recovery of outlays that have been paid by the firm in the event your compensation claim is not successful. Hence, our no win, no fee guarantee.
If you have been injured in a car or motor vehicle accident, bike accident or as a pedestrian hit by a vehicle you can claim for:
- Compensation for the pain and suffering;
- Damages for out of pocket medical and rehabilitation expenses;
- Compensation for lost wages and future lost wages up until retirement age;
- Damages for gratuitous assistance provided by family and friends around the house if certain thresholds are met;
- Damages for future gratuitous assistance;
- Compensation for past and future paid care;
- Damages for future medical expenses.
- Past and Future Loss of Superannuation Benefits.
It is very rare for a CTP damages claim to proceed to a determination before a judge. Most of these injury claims are settled informally and through negotiation at a settlement conference.
We operate on a strict no win, no fee guarantee arrangement. Hence, if you are not awarded compensation we will not be charging any legal fees or outlays. The CTP insurer is also required in a large number of car injury claims to pay a significant percentage of your legal costs.
If your motor vehicle, car or bicycle accident happened on the way to or from work or during the course of your employ, you may also be entitled to compensation under the Workers Compensation and Rehabilitation Act 2003. This may mean that WorkCover will pay for your medical and rehabilitation expenses and also a percentage of your weekly income while you are not able to work.
If you are partly at fault for the car or motor vehicle accident, you still may be entitled to bring a compensation claim for the injuries you have sustained in the road accident.
Please contact our senior expert lawyers to discuss further.
If a family member has passed in a car accident, you may be entitled to a dependency claim or a nervous shock claim.
A dependency claims occur when the person who passed is someone that you depended on financially or to provide services around the home. You may be entitled to make a claim for that loss of income support and services that were received. Dependency claim are usually limited to members of the deceased’s family and include a spouse, parent and child of the deceased. A spouse can also include a de-facto spouse and also children not born prior to the accident.
A nervous shock claim is where the circumstances of a fatal accident result in a psychiatric injury being developed. The psychiatric injury can develop as a result of the death of a loved one or seeing the loved one seriously injured after an accident.
We provide our compensation law services Australia-wide, however, we’re based in the Brisbane and surrounding area region.
We have office locations in the below areas:
- Gold Coast
- Hope Island
- Varsity Lakes
- Brisbane CBD
- Sunshine Coast