In the majority of personal injury claims arising in Queensland, claims are settled before they reach court. Dispute resolution, specifically through a process called a 'compulsory conference', often ensures that such matters are settled outside of the courtroom.
A so called 'compulsory conference' is an avenue through which these settlements are frequently achieved.
A compulsory conference involves a face-to-face meeting between the injured party and the insurer of the entity or individual at fault for the accident. Conducted outside of the court (in a meeting room), these meetings are less intimidating, and they allow for open conversation.
Resolving disputes outside of court can result in quicker solutions, less costs, and can help in avoiding the stress and emotional toll that court proceedings often bring.
If the compulsory conference stage fails to achieve a suitable outcome then matters can proceed toward court. There are still opportunities to negotiate in the lead up to court but, when a matter goes to court, legal professionals and/or a judge are involved in determining the outcome.
Evidence, including medical records and witness statements, is carefully reviewed before the court provides a judgement. Based on this judgement, the outcomes can vary:
If you win the case:
If you lose the case:
In conclusion, while court proceedings do exist as a possible path for personal injury claims, Queensland's preference for amicable out-of-court settlements via compulsory conferences tends to be both practical and efficient for all parties involved.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or chat via live chat to talk to one of our Lawyers today.