Frequently Asked Questions

Frequently Asked Questions

What does a no win, no fee personal injury lawyer mean?
At South East Injury Lawyers, we act strictly on a no win, no fee guarantee basis. This means that if you do not receive compensation for your injuries, we will not be charging any legal fees or outlays and hence you will not be at a loss. That is why if you have been injured in a work accident, car accident or have some other type of compensation claim we will only take your personal injury claim on if we consider it to be viable after a free, no obligation initial consultation. Unlike other personal injury law firms who run motor vehicle accident claims, work injury claims or other personal injury 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.
What types of claims does South East Injury Lawyers handle?
At South East Injury Lawyers, we can be of assistance to you if you have been injured at work, in a car or motor vehicle accident or in a public place. We also provide assistance with total and permanent disability (TPD) claims. We will assess your personal injury claim in a free, confidential and no obligation consultation and determine whether we can proceed with the claim on a no win, no fee basis.
What will happen at the initial consultation in relation to my personal injury claim and is it free and no obligation?

Our initial consultation with you in relation to your workplace, car accident claim or other personal injury or compensation claim will be completely free, confidential and no obligation.
At the initial consultation we will provide you with legal advice about your personal injury claim and expert, practical advice about the best way to progress with your injury claim. This advice will be based on how to achieve maximum damages for you in the shortest period of time.
If you are having difficulty with WorkCover, your employer or another insurer we can provide you with practical advice about how to deal with these issues.

Where are the offices of South East Injury Lawyers located?

To ensure that clients in SEQ have easy access to one of our offices for ease in running their compensation claim, we have offices in Springwood, Brisbane CBD, Brendale, Brookwater, Toowoomba and the Sunshine Coast. If you are located in SEQ, we are happy to come to you at home.

What if I am too injured to travel as a result of my accident injury or injuries?

If you are too injured to travel, we are happy to come to you and meet you at your home address or at a local café for coffee to discuss your compensation claim.

What is the guarantee in relation to a senior expert injury lawyer running my claim?

At South East Injury Lawyers, we only have senior expert lawyers who specialise in personal injury law. Hence, you are not at risk of your claim being run by a junior lawyer or paralegal.

What is the more in my pocket guarantee mean?

At South East Injury Lawyers, we are strong believers in the fact that you are the person who has sustained the personal injury and will sustain losses and pain over your lifetime and hence legal fees charged at the conclusion of a matter will be viewed primarily with this in mind.

Will my personal injury compensation claim go to trial?

Fortunately, approximately 98% of personal injury claims will settle prior to trial and by way of settlement negotiations at either a settlement conference or mediation.

What types of injuries does South East Injury Lawyers deal with?

The types of injuries that South East Injury Lawyers deals with is extensive and non-exhaustive but includes:

  • Back and neck injuries;
  • Sprains and fractures;
  • Crush injuries;
  • Carpal tunnel syndrome;
  • Post traumatic stress disorder;
  • Depression;
  • Whiplash Injuries;
  • Head injuries;
  • Shoulder injuries including tears and bursitis;
  • Hip injuries;
  • Soft tissue injuries;
  • Ankle knee and foot injuries;
  • Spinal injuries;
  • Chemical injuries;
  • Diseases Contracted in the workplace;
  • Burns and lacerations;
  • Catastrophic injuries;
  • Traumatic Brain Injury;
  • Carpal tunnel syndrome;
  • Repetitive strain injury;
  • Electrocution injuries;
  • Neurological injuries;
  • Internal injuries;
  • Hernia injuries;
  • Amputations;
  • Crush Injuries;
  • Scarring;
  • Psychiatric and psychological injuries including depression, post traumatic stress disorder, adjustment
  • disorder, anxiety, traffic phobia and pain disorder;
  • Nervous shock;
  • Complex regional pain syndrome;
  • Chronic pain disorder.
What suburbs does your Brendale office service for personal injury claims?

Albion, Alderley, Ascot, Aspley, Bald Hills, Banyo, Boondall, Bracken Ridge, Bridgeman Downs, Brighton, Brisbane Airport, Carseldine, Chermside, Chermside West, Clayfield, Deagon. Eagle Farm, Everton Park, Ferny Grove, Fitzgibbon, Gaythorne, Geebung, Gordon Park , Grange, Hamilton, Hendra, Kalinga, Kedron, Keperra, Lutwyche, McDowall, Mitchelton, Myrtletown, Newmarket, Northgate, Nudgee, Nudgee Beach, Nundah, Pinkenba, Sandgate, Shorncliffe, Stafford, Stafford Heights, Taigum, Virginia, Wavell Heights, Wilston, Windsor, Wooloowin, Zillmere.
Albany Creek, Arana Hills, Banksia Beach, Beachmere, Bellara, Bongaree, Bray Park , Brendale, Bunya, Burpengary, Caboolture, Caboolture South, Cashmere, Clontarf, Dakabin, Deception Bay, Eatons Hill, Elimbah, Everton Hills, Ferny Hills, Godwin Beach, Griffin, Joyner, Kallangur, Kippa-Ring, Kurwongbah, Lawnton, Mango Hill, Margate, Moodlu, Morayfield, Murrumba Downs, Narangba, Newport, Ningi, North Lakes, Petrie, Redcliffe, Rothwell, Sandstone Point, Scarborough, Strathpine, Upper Caboolture, Warner, Whiteside, Woody Point, Woorim
Armstrong Creek, Bellmere, Bellthorpe, Booroobin, Bracalba, Camp Mountain, Campbells Pocket, Cedar Creek, Cedarton, Clear Mountain, Closeburn, Commissioners Flat, D’Aguilar, Dayboro, Delaneys Creek, Donnybrook, Draper, Jollys Lookout, King Scrub, Kobble Creek, Laceys Creek, Meldale, Moorina, Mount Delaney, Mount Glorious, Mount Mee, Mount Nebo, Mount Pleasant, Mount Samson, Neurum, Ocean View, Rocksberg, Rush Creek, Samford Valley, Samford Village, Samsonvale, Stanmore, Stony Creek, Toorbul, Wamuran Basin, Wamuran, Welsby, White Patch, Wights Mountain, Woodford, Yugar.

Which suburbs does your Springwood office service for personal injury claims?

Bahrs Scrub, Bannockburn, Beenleigh, Belivah, Berrinba, Bethania, Boronia Heights, Browns Plains, Buccan, Carbrook, Cedar Creek, Cedar Grove, Cedar Vale, Chambers Flat, Cornubia, Crestmead, Daisy Hill, Eagleby, Edens Landing, Forestdale, Greenbank, Heritage Park, Hillcrest, Holmview, Jimboomba, Kagaru, Kingston, Logan Central, Logan Reserve, Logan Village, Loganholme, Loganlea, Lyons, Marsden, Meadowbrook, Mount Warren Park, Mundoolun, Munruben, New Beith, North Maclean, Park Ridge South, Park Ridge, Priestdale, Regents Park, Rochedale South, Shailer Park, Slacks Creek, South Maclean, Springwood, Stockleigh, Tamborine, Tanah Merah, Underwood, Undullah, Veresdale Scrub, Veresdale, Waterford West , Waterford, Windaroo, Wolffdene, Woodhill, Woodridge, Yarrabilba
Alexandra Hills, Amity Point, Birkdale, Capalaba, Cleveland, Coochiemudlo Island, Dunwich, Karragarra Island, Lamb Island, Macleay Island, Mount Cotton, North Stradbroke Island, Ormiston, Point Lookout, Redland Bay, Russell Island, Sheldon, Thorneside, Thornlands, Victoria Point and Wellington Point

What suburbs does your Brookwater office service for personal injury claims?

Augustine Heights, Barellan Point, Basin Pocket, Bellbird Park, Blacksoil, Blackstone, Booval, Brassall, Brookwater, Bundamba, Camira, Carole Park, Churchill, Chuwar, Coalfalls, Collingwood Park, Dinmore, East Ipswich, Eastern Heights, Ebbw Vale, Flinders View, Gailes, Goodna, Ipswich, Karalee, Karrabin, Leichhardt, Moores Pocket, Muirlea, New Chum, Newtown, North Booval, North Ipswich, North Tivoli, One Mile, Raceview, Redbank, Redbank Plains, Riverview, Sadliers Crossing, Silkstone, Springfield, Springfield Central, Springfield Lakes, Tivoli, West Ipswich, Woodend, Wulkuraka, Yamanto, Amberley, Ashwell, Calvert, Deebing Heights, Ebenezer, Goolman, Grandchester, Haigslea Ironbark, Jeebropilly, Lanefield, Marburg, Mount Forbes, Mount Marrow, Mutdapilly, Pine Mountain, Purga, Ripley, Rosewood, South Ripley, Spring Mountain, Swanbank, Tallegalla, Thagoona, The Bluff, Walloon, White Rock, Willowbank, Woolshed

What suburbs does your Gold Coast office service for personal injury claims?

Advancetown, Alberton, Arundel, Ashmore, Austinville, Benowa, Biggera Waters, Bilinga, Bonogin, Broadbeach, Broadbeach Waters, Bundall, Burleigh Heads, Burleigh Waters, Carrara, Cedar Creek, Clagiraba, Clear Island Waters, Coolangatta, Coombabah, Coomera, Currumbin, Currumbin Valley, Currumbin Waters, Elanora, Gaven, Gilberton, Gilston, Guanaba, Helensvale, Highland Park, Hollywell, Hope Island, Jacobs Well, Kingsholme, Labrador, Lower Beechmont, Luscombe, Main Beach, Maudsland, Mermaid Beach, Mermaid Waters, Merrimac, Miami, Molendinar, Mount Nathan, Mudgeeraba, Natural Bridge, Nerang, Neranwood, Norwell, Numinbah Valley, Ormeau, Ormeau Hills, Oxenford, Pacific Pines, Palm Beach, Paradise Point, Parkwood, Pimpama, Reedy Creek, Robina, Runaway Bay, South Stradbroke, Southern Moreton Bay Islands, Southport, Springbrook, Stapylton, Steiglitz ,Surfers Paradise, Tallai , Tallebudgera, Tallebudgera Valley, Tugun, Upper Coomera, Varsity Lakes, Willow Vale, Wongawallan, Woongoolba, Worongary, Yatala

What suburbs does your Brisbane CBD office service?

South East Injury Lawyers also has a Brisbane CBD office to service injured people who work or reside near the city.

How do I proceed?
Contact 1300 446 999 to speak to one of our expert lawyers in personal injury law or complete our free, no obligation case review form for a response by a senior expert injury lawyer within 30 minutes.

FREQUENTLY ASKED QUESTIONS FOR WORKCOVER, WORK INJURY AND WORKERS COMPENSATION CLAIMS

WHAT DO I DO IF I SUFFER A WORK INJURY?

If you suffer a work injury, you should let your employer know straight away and complete an incident report as soon as possible after the workplace injury is sustained. You should also seek medical treatment as soon as possible and report your workplace injury to WorkCover Queensland.

SHOULD I TELLWHO IS WORKCOVER QUEENSLAND? MY EMPLOYER ABOUT MY WORK ACCIDENT AND INJURY?
You should immediately notify your employer about your work accident and injury and complete an incident report.
WHO IS WORKCOVER QUEENSLAND?
Most businesses in Queensland who hire employees will be insured through WorkCover Queensland for any injury sustained to the employee during the course of their employ. WorkCover Queensland will manage a workers claim in relation to medical and rehabilitation treatment.
CAN I MAKE A WORKERS COMPENSATION CLAIM FOR MY WORK INJURY?

If you are an employee (either full time, part-time or casual) and have been injured at work, travelling to or from work, or during a break at work you very likely will be entitled to make a workers compensation claim, usually through WorkCover Queensland. However, there are a small number of employers who do have self insurance for workplace compensation claims.

WHAT CAN I RECEIVE IN A COMPENSATION CLAIM?
A workers compensation claim provides monetary assistance to injured persons for medical treatment, lost wages, rehabilitation and medication, hospital and travel expenses.

In addition, if you have been injured due to unsafe work practices or the negligence of your employer or a co-worker, you may be entitled to additional sums for pain and suffering, future economic loss, care and assistance and future medical expenses by way of a common law damages claim.

WHAT IS A COMMON LAW DAMAGES CLAIM?
A common law damages is claim is a claim against your employer for negligence or unsafe work practices, or the negligence of a co-worker. Employers usually have insurance through WorkCover Queensland for common law damages claims and hence it is WorkCover and not the employer who will pay damages. Given that substantial damages can be recovered in a common law damages claim, is it essential that you seek expert advice from a senior personal injury lawyer in relation to such a claim.
HOW DO I MAKE A WORKERS COMPENSATION CLAIM?
An Application for Compensation usually needs to be completed to commence a compensation claim for a workplace injury through WorkCover or a self insurer. This form is located on the website of WorkCover Queensland. This form can then be faxed, emailed or posted to WorkCover. An Application for Compensation should be accompanied by a workers compensation medical certificate completed by a GP or specialist.

A common law damages claim should be made with legal representation given the complexity of these claims.

Strict time frames apply in making workers compensation claims and damages claims and hence we recommend you seek legal assistance.

CAN I ACCEPT A LUMP SUM OFFER FROM WORKCOVER IN A NOTICE OF ASSESSMENT?
If you receive a lump sum offer from WorkCover or a self insurer, it is important that you seek legal advice. If you accept this lump sum offer you are likely to lose your right to make a common law damages claim.
WHAT WORK RELATED INJURIES CAN I CLAIM FOR?

You can claim for any physical or psychological injury sustained during the course of your employment activities. Such injuries include:

  • Back and neck injuries;
  • Sprains and fractures;
  • Crush injuries;
  • Carpal tunnel syndrome;
  • Post traumatic stress disorder;
  • Depression;
  • Whiplash Injuries;
  • Head injuries;
  • Shoulder injuries;
  • Hip injuries;
  • Soft tissue injuries;
  • Ankle knee and foot injuries;
  • Spinal injuries;
  • Chemical injuries;
  • Diseases Contracted in the workplace;
  • Burns and lacerations;
  • Catastrophic injuries;
  • Traumatic Brain Injury;
  • Carpal tunnel syndrome;
  • Repetitive strain injury;
  • Electrocution injuries;
  • Neurological injuries;
  • Internal injuries;
  • Hernia injuries;
  • Amputations;
  • Crush Injuries;
  • Scarring;
  • Psychiatric and psychological injuries including depression, post traumatic stress disorder, adjustment disorder, anxiety, traffic phobia and pain disorder;
  • Nervous shock;
  • Complex regional pain syndrome;
  • Chronic pain disorder.
CAN A CONTRACTOR OR SUBCONTRACTOR CLAIM WORKERS COMPENSATION?

It is often the case that although a worker considers themselves to be working for an employer as a contractor, they are in fact in an employee / employer relationship.

This is a complex area and we recommend you get legal advice to find out your rights.

If you have been injured due to unsafe work practices, you will still likely have a personal injury damages claim irrespective of whether you are an employee or subcontractor.

WHAT IF I AM IN A LABOUR HIRE ARRANGEMENT?
In a labour hire arrangement, you will not lose your ability to bring a personal injury damages claim and your claim will often be against the host employer and the labour hire company.
WHAT SORT OF DAMAGES PAY OUT WILL I GET FOR MY WORKERS COMPENSATION CLAIM?

Each injured workers damages pay out will be different and will be dependent on such factors including:

  • The worker’s personal situation and losses sustained;
  • Whether the worker has been able to go back to work and to what extent;
  • What the medical evidence says in relation to the worker’s capacity for work, treatment required and care requirements;
  • The level of permanent impairment attributed to the workplace injury.

However, your personal injury claim will be maximised by retaining an expert lawyer who will get the evidence necessary to maximise your claim.

WILL I EVER BE OUT OF POCKET OR AT A LOSS IN RELATION TO MY WORK INJURY CLAIM?
Our no win, no fee guarantee means that you will never be required to pay our legal fees or outlays if your claim is not successful. Hence, there is no risk to you in this regard. This means we only take on workplace injury claims we consider to be viable after a free initial, no obligation and confidential consultation.
HOW LONG WILL MY WORKERS COMPENSATION CLAIM TAKE TO RESOLVE?
The length of your workers compensation claim will depend on such factors including when your injury has reached maximum medical improvement, obtaining medico-legal evidence and investigating liability. Each work injury compensation claim will vary and can range typically from 6 to 18 months on average
MY WORKERS COMPENSATION CLAIM HAS BEEN REJECTED BY WORKCOVER WHAT DO I DO?
We regularly overturn unfavourable decisions made by WorkCover in relation to a work injury. Please contact us to discuss further as strict time frames apply in making appeals to the Workers Compensation Regulator.
WHAT IS THE WORKERS COMPENSATION REGULATOR?

The Workers Compensation Regulator is a body set up by the government who can review decisions made by WorkCover Queensland or a self insurer and either affirm or overturn these decisions.

ARE THERE ANY TIME LIMITS FOR MAKING MY WORKERS COMPENSATION CLAIM?
Strict time limits do apply in making workplace compensation claims and damages claims and hence we recommend that you seek advice in relation to this issue given the complexity of these time frames.
CAN I WORK WHILE ON WORKCOVER BENEFITS?
While receiving WorkCover weekly benefits and workers compensation, it is imperative that you advise WorkCover or a self insurer of any employment you undertake. There are serious implications for failing to disclose this information. We recommend you contact an expert injury lawyer to discuss further.
WHAT IS THE MEDICAL ASSESSMENT TRIBUNAL (MAT)?
The Medical Assessment Tribunal is a body set up to assess and determine the nature and extent of a workplace injury, including whether an injury is work related or whether it is stable and stationary i.e. the injury has reached maximum medical improvement. The Medical Assessment Tribunal is a panel of 3 doctors and will vary depending on what your workplace injury is. As the decision of the MAT is usually final, then we highly recommend you seek expert legal advice if you are being sent by WorkCover or a self insurer to the MAT.
MY EMPLOYER IS TREATING ME UNFAIRLY AS A RESULT OF MY WORKCOVER CLAIM. WHAT CAN I DO?
Most employees who have been injured at work and have an accepted WorkCover claim have legal protection against employers taking adverse action against them including termination of employment. This is a complicated area of law and to seek further advice contact our expert injury lawyers.
MY EMPLOYMENT HAS BEEN TERMINATED AS A RESULT OF MY WORKCOVER CLAIM. WHAT RIGHTS DO I HAVE?
In most situations, it is actually unlawful for an employer to terminate the services of an injured worker who is in receipt of workers compensation benefits. However, this is a complicated area of law and we recommend that you speak to one of our expert injury lawyers to discuss further.
MY WORKCOVER CLAIMS OFFICER IS TREATING ME UNFAIRLY. WHAT DO I DO?
Unfortunately, it is the situation that while there are some fantastic and proactive claims officers working at Workcover Queensland, there are also equally claims officers whose performance is less than average. In these situations, it is imperative to engage an expert injury lawyer to liaise with the relevant claims officer from WorkCover Queensland.
WHAT OTHER PERSONAL INJURY CLAIMS DOES YOUR FIRM DEAL WITH?

At South East Injury Lawyers, we also manage claims where individuals have been injured as a result of a car or motor vehicle accident, injuries in public places and also TPD claims.

HOW DO I PROCEED?
Contact our office on 1300 446 999 for a no obligation, confidential and free consultation with a senior expert lawyer or complete our free, no obligation case review form for a response within 30 minutes from a senior expert injury lawyer

FREQUENTLY ASKED QUESTIONS FOR YOUR CAR, MOTOR VEHICLE AND ROAD ACCIDENT CLAIMS

CAN I MAKE A COMPENSATION CLAIM FOR MY CAR ACCIDENT OR MOTOR VEHICLE ACCIDENT?
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.

WHO PAYS THE COMPENSATION FOR MY CAR OR MOTOR VEHICLE ACCIDENT INJURY?
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.

HOW DO I MAKE A COMPENSATION CLAIM FOR MY CAR OR MOTOR ACCIDENT INJURY?
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.

WHAT HAPPENS ONCE I COMMENCE A CLAIM AGAINST THE CTP INSURER?
Once a CTP Notice of Claim Form is served on the CTP insurer for a car injury or motor accident claim, then the CTP insurer is obligated to fund medical and rehabilitation treatment for your injuries. If you have paid for any medical or rehabilitation treatment prior to commencing the car injury compensation claim, you will be refunded these expenses once the CTP insurer is served with the Notice of Claim Form.
WHAT IF MY FRIEND OR RELATIVE IS AT FAULT FOR THE CAR ACCIDENT?
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.
WHAT IF THE MOTOR VEHICLE ACCIDENT WAS CAUSED BY AN UNIDENTIFIED VEHICLE, 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.
WHO IS 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.
WHAT ARE THE TIME LIMITS TO MAKE A CAR OR MOTOR VEHICLE ACCIDENT CLAIM?
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.

HOW MUCH COMPENSATION WILL I RECEIVE FOR MY CAR OR MOTOR VEHICLE 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.
WHAT TYPE OF INJURIES CAN I CLAIM FOR AS A RESULT OF OF THE ROAD 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;
  • Depression;
  • 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;
  • Amputations;
  • Scarring;
  • 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.
WHAT IF I ONLY HAVE A WHIPLASH INJURY OR OTHER MINOR INJURY AS A RESULT OF MY CAR ACCIDENT?
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.
I WAS INJURED IN A MOTORCYCLE ACCIDENT CAN YOU ASSIST?
South East Injury Lawyers has successfully obtained payouts for many individuals injured as a result of motorcycle accidents. Please contact our expert injury lawyers to discuss further.
I WAS INJURED AS A PEDESTRIAN CAN YOU ASSIST?
South East Injury Lawyers has successfully obtained payouts for many individuals injured as pedestrians due to the negligence of a driver of a vehicle. Please contact our expert injury lawyers to discuss further.
WHAT TYPES OF COMPENSATION CAN I CLAIM FOR IN A CAR OR MOTOR VEHICLE ACCIDENT?
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.

HOW LONG WILL IT TAKE FOR MY CAR OR MOTOR VEHICLE ACCIDENT CLAIM TO SETTLE?
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.
WILL MY CAR INJURY COMPENSATION CLAIM CLAIM GO TO COURT?
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.
HOW MUCH WILL IT COST ME TO MAKE A CLAIM FOR MY CAR ACCIDENT INJURIES?
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.
WHAT IF MY MOTOR VEHICLE OR CAR ACCIDENT OCCURRED ON THE WAY TO WORK?
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.
WHAT IF I AM PARTLY AT FAULT FOR THE CAR OR MOTOR VEHICLE ACCIDENT?
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.

WHAT IF A FAMILY MEMBER OR CLOSE FRIEND DIES IN A MOTOR VEHICLE ACCIDENT?
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.

WHAT OTHER PERSONAL INJURY CLAIMS DOES YOUR FIRM DEAL WITH?
At South East Injury Lawyers, we also manage workers compensation, workcover, work injury claims, public place claims and TPD claims.
HOW DO I PROCEED?
Contact our expert injury lawyers on 1300 446 999 to discuss your legal rights and commencement of your claim or complete our free, no obligation case review form for a response within 30 minutes from a senior expert injury lawyer.

FREQUENTLY ASKED QUESTIONS IN RELATION TO YOUR PUBLIC PLACE AND PUBLIC LIABILITY CLAIM

WHAT IS A PUBLIC PLACE OR PUBLIC LIABILITY CLAIM?
An injured person may have the ability to bring a personal injury damages claim if they have been injured as a result of the negligence of another party in circumstances other than a car or work accident.
Examples of where an injured person may have such a claim include:

  • Slip, falls and trips in public places;
  • Injuries caused by faulty and defective products;
  • Slip and fall accidents at shopping centres;
  • Injured while working as a contractor and as such not entitled to WorkCover benefits i.e. labour hire or construction accidents;
  • Accidents at school;
  • Accidents at rental properties;
  • Injuries or accidents at the home of another;
  • Injuries from falling objects.
HOW DO I KNOW IF I HAVE A COMPENSATION CLAIM FOR MY PUBLIC PLACE INJURY?
If you have been injured as a result of unsafe practices or negligence of a property owner or in a public place, then you may well have the right to bring a damages or personal injury injury compensation claim.
HOW DO I MAKE A MAKE A PUBLIC LIABILITY CLAIM FOR MY INJURY?
A public liability claim is made under the Personal Injuries Proceedings Act and there are a number of procedures that must be followed including the service of a Notice of Claim Form on the party a fault. As such, which such personal injury claims it is important that you seek legal representation for the compensation claim
WHAT ARE THE TIME FRAMES TO BRING A CLAIM FOR MY PUBLIC LIABILITY INJURY?
There are strict time frames mandated to make a public liability claim. This is typically 9 months from the date of the accident, or 1 month after consultation with a lawyer (whichever is the earliest). A claim can be lodged outside of this time with a reasonable excuse. A public liability claim must be made within a 3 year period from the accident that caused the injury, otherwise the compensation claim will likely be statute barred.
WHAT COMPENSATION OR DAMAGES CAN I RECEIVE IN A PUBLIC LIABILITY CLAIM?

As part of your public liability claim personal injury claim, you will receive compensation and damages for:

  • Out of pocket medical and rehabilitation expenses;
  • Compensation for lost wages;
  • Damages for future lost wages;
  • Future medical expenses;
  • Paid and gratuitous care and assistance up to settlement and in the future;
  • Past and future loss of superannuation benefits.
HOW MUCH COMPENSATION WILL I RECEIVE?
The amount of compensation you will receive for your personal injury claim will depend on a number of factors including the type and severity of the injury, your age and impact of your injury upon you social, domestic, recreational and employment activities.
To ensure that you do receive maximum compensation for your injury in a timely manner it is important that you obtain advice from senior expert lawyers in injury compensation.
HOW LONG WILL MY CLAIM TAKE?
Generally, we can attempt to resolve your personal injury claim from approximately 9 months post incident, when your injuries become stable and stationary.
WHO PAYS THE COMPENSATION I WILL RECEIVE?
Compensation in public liability claims is in most circumstances paid for by insurers through public liability insurance.
WHAT COSTS ARE INVOLVED IN MAKING A PUBLIC LIABILITY CLAIM?
We act on a strict no win, no fee basis meaning that if you do not receive compensation for your personal injuries, we will not charge for professional fees incurred or for outlays.
WILL MY CLAIM GO TO COURT?
We estimate that approximately 98% of compensation claims are settled through informal settlement negotiations or at a settlement conference.
WHAT INJURIES CAN I CLAIM COMPENSATION FOR?

The injuries you can claim compensation for are limitless. However, some examples include:

  • Back and neck injuries;
  • Sprains and fractures;
  • Crush injuries;
  • Carpal tunnel syndrome;
  • Post traumatic stress disorder;
  • Depression;
  • Whiplash Injuries;
  • Head injuries;
  • Shoulder injuries;
  • Hip injuries;
  • Soft tissue injuries;
  • Ankle knee and foot injuries;
  • Spinal injuries;
  • Chemical injuries;
  • Diseases Contracted in the workplace;
  • Burns and lacerations;
  • Catastrophic injuries;
  • Traumatic Brain Injury;
  • Carpal tunnel syndrome;
  • Repetitive strain injury;
  • Electrocution injuries;
  • Neurological injuries;
  • Internal injuries;
  • Hernia injuries;
  • Amputations;
  • Crush Injuries;
  • Scarring;
  • Psychiatric and psychological injuries including depression, post traumatic stress disorder, adjustment disorder, anxiety, traffic phobia and pain disorder;
  • Nervous shock;
  • Complex regional pain syndrome;
  • Chronic pain disorder.
WILL I EVER BE OUT OF POCKET FOR MY PUBLIC LIABILITY CLAIM?
South East Injury Lawyers acts on a strict no win, no fee guarantee and so if you receive no compensation we will not charge for professional fees our outlays.
HOW DO I PROCEED?
Please telephone 1300 446 999 to speak to one of our expert injury lawyers to obtain free, no obligation and confidential advice in relation to your personal injury claim or complete our free, no obligation case review form for a response within 30 minutes from an expert lawyer.

FREQUENTLY ASKED QUESTIONS IN RELATION TO TOTAL AND PERMANENT DISABILITY CLAIMS

AM I ELIGIBLE TO MAKE A TPD CLAIM?

To make a TPD claim you will usually need to meet the following requirements:

  • Unable to work due to injury or illness
  • Had paid employment previously
  • Have a superannuation account with TPD insurance attached or a private insurance policy with such insurance
HOW LONG WILL IT TAKE TO RECEIVE MY TPD PAYOUT?

TPD insurers vary on the time that it takes to release funds to a policy holder. The time usually ranges from 3 to 12 months, depending on what issues arise during the claim.

HOW MUCH WILL IT COST ME FOR MY TPD CLAIM?

We act strictly on a no win no fee basis and so we will not charge any fees or outlays if you are not successful in obtaining a TPD payout.

HOW MUCH MONEY WILL I RECEIVE IN MY TPD CLAIM?

The amount of your TPD payout will depend entirely on the amount of insurance you do have. You can find this insurance amount by searching on your TPD superannuation statement or call your superannuation fund company. We can assist you in getting this information.

WHAT IF I HAVE MORE THAN ONE SUPERANNUATION POLICY THAT HAS TPD INSURANCE?

It is often the case that individuals do have more than one superannuation policy. In these circumstances, it is possible to have multiple TPD insurances. If you fulfill the criteria for TPD, then you are entitled to access all of these funds. We can take steps to ascertain what superannuation funds you do have.

IS A TPD PAYOUT TAXABLE?

If you have TPD outside of superannuation, any benefit is generally not considered taxable. However, if the TPD insurance is within a super fund than you are usually required to pay tax. However, this is a complicated area of law and expert advice is necessary.

WHAT OTHER CLAIMS DOES YOUR FIRM DEAL WITH?

South East Injury Lawyers also manages car, motor vehicle, road accident claims, workers compensation, workcover, work injury, public place and public liability claims.

HOW DO I PROCEED?

Please contact our expert lawyers on 1300 446 999 for a free, no obligation and confidential consultation in relation to your claim or complete our free, no obligation case review form for a response within 30 minutes from a senior expert injury lawyer.

Queensland Law Society Accredited Specialist

Tina Veivers

Queensland Law Society
Australian Lawyers Alliance
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Get in touch with a senior lawyer today!