When pursuing a common law injury claim in Queensland, one of the most frequent questions clients ask is how long the process will take. The average duration for most common law injury claims in Queensland is around 18 months, with medical negligence claims taking 2 to 3.5 years but many factors can influence this.
Below we’ve covered the most common factors that can affect the time for an injury compensation claim to settle.
Typical Time Frames for Common Law Injury Claims
The duration of a common law injury claim in Queensland can vary depending on the type of claim:
- Work Injury Claims: Typically, work injury claims take about 18 months to resolve.
- Car and Road Injury Claims: Similar to work injury claims, car and road injury claims generally take around 18 months to settle.
- Public Place Injury Claims: These claims also usually take approximately 18 months to resolve.
- Medical Negligence Claims: Medical negligence claims tend to take longer, with an average duration of 2 to 3.5 years.
It's important to note that these timeframes are averages, and individual cases may take shorter or longer depending on various factors.
Factors Affecting the Duration of Common Law Claims
Several factors can impact the length of a common law claim in Queensland. These may include:
1. Type and Severity of Injury
The nature and severity of your injury can significantly affect the duration of your claim. More severe injuries often require longer periods for medical stabilisation, which is necessary before a claim can be fully assessed and settled.
2. Stabilisation of Injuries
Your injuries must be stable before a common law claim can proceed. This means your condition should not be expected to improve or deteriorate significantly over time. The stabilisation period can vary depending on the injury and required treatments.
3. Complexity of the Case
The complexity of your case, including the number of liable parties and the extent of evidence required, can affect the timeline. Cases involving multiple parties or disputed liability often take longer to resolve.
4. Insurer's Response
The response and cooperation of the insurer can also impact the duration. If the insurer disputes liability or the extent of damages, the claim may take longer to settle.
5. Legal Processes
The legal processes involved, such as gathering evidence, medical examinations, and negotiations, can add to the timeline. If the case proceeds to court, this can further extend the duration.
6. Medical Evidence
Obtaining comprehensive medical evidence is crucial in injury claims. This process can be time-consuming, especially in complex cases or when multiple medical opinions are required.
7. Negotiations and Settlement Discussions
The time for negotiations and settlement discussions can vary. Some cases may settle quickly if both parties agree on liability and damages, while others may require extended negotiations.
8. Court Proceedings
If a settlement cannot be reached through negotiations, the case may need to go to court. This can significantly extend the duration of the claims process.
Also read: What is the difference between a WorkCover claim and a common law claim?
Medical Negligence Claims
Medical negligence claims are complex and often take longer to resolve than other personal injury claims due to several challenges. We’ve outlined some common ones below.
Reluctance of Doctors to Testify
Doctors are often reluctant to testify against their peers, making it difficult to find medical experts willing to provide unbiased opinions. This professional solidarity, fear of reputational damage, and potential repercussions within the medical community complicate evidence gathering.
Proving Negligence vs. Inherent Risks
It is challenging to prove negligence as opposed to inherent risks associated with medical procedures. Not all adverse outcomes result from negligence; some are known risks. Plaintiffs must demonstrate that the medical professional's actions fell below the accepted standard of care and caused the injury, requiring detailed medical records and expert testimonies.
Finding Expert Witnesses
Securing expert witnesses who are willing and qualified to testify that negligence occurred is another hurdle. Their credibility and thoroughness are critical in determining the claim's outcome, and this process is often time-consuming and costly.
In summary, these factors—reluctance to testify, the need to distinguish negligence from inherent risks, and finding expert witnesses—contribute to the complexity and extended duration of medical negligence claims.
The Claims Process: Key Stages
While the duration can vary, most common law injury claims in Queensland follow a similar process:
- Initial consultation and case assessment
- Gathering of evidence and medical reports
- Notification of the claim to the relevant parties
- Investigation by the insurer
- Negotiations and settlement discussions
- If necessary, court proceedings
Where to Next?
While the average duration for most common law injury claims in Queensland is around 18 months, with medical negligence claims taking 2 to 3.5 years, it's important to remember that each case is unique. The specific circumstances of your case, including the type and severity of your injury, the complexity of the legal issues involved, and the approach of the parties involved can all influence the length of the claims process.
Remember, while the process may seem lengthy, it's designed to ensure that your claim is thoroughly assessed and that you receive fair compensation for your injuries. For many claims, help with medical costs is also possible during the claims process to enable you to focus on recovery.
Patience and perseverance, combined with expert legal guidance, can help you achieve the best possible outcome in your injury claim.
For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online.
