If you have been injured in Queensland and are considering a common law claim, you might be wondering how long the process will take. Typically, common law claims for motor vehicle accidents and workers' compensation take about 18 months to resolve.
However, several factors can impact this timeline. It is also important to know that there are support mechanisms available to help you with injury recovery while waiting for your claim to settle.
Factors Affecting the Duration of a Common Law Claim
- 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
- 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. This stabilisation period can vary depending on the injury and required treatments
- 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
- 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
- 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
What Injury Recovery Support Can I Receive While Waiting for Claim Settlement
While waiting for your common law claim to settle, there are various support mechanisms available to help with your injury recovery. These include:
Motor Vehicle Accidents (CTP Insurance)
- Rehabilitation and Medical Treatment: Under the Queensland Compulsory Third Party (CTP) insurance scheme, you may be entitled to funding for rehabilitation and medical treatment if you were not at fault for the accident. This includes services such as medical consultations, physiotherapy, psychological counselling, and vocational counselling
- National Injury Insurance Scheme Queensland (NIISQ): If you have sustained a serious personal injury, you may receive support through the NIISQ, which provides necessary and reasonable treatment, care, and support regardless of fault
Public Liability Claims
- Medical and Rehabilitation Expenses: Public liability insurance can cover medical treatment expenses, travel-related medical and rehabilitation costs, and the cost of domestic care. This support is available if you can prove that another party's negligence caused your injury
Workers' Compensation
- Statutory Benefits: Under the Queensland workers' compensation scheme, you are entitled to statutory benefits regardless of fault. These benefits include weekly payments as income replacement, lump sums for permanent impairment, and coverage for hospital and medical expenses
- Rehabilitation Programs: Workers' compensation laws require employers to participate in rehabilitation and return-to-work programs for injured workers. These programs aim to ensure a safe and early return to work, which can help reduce long-term disability
For Further Information and Support for Your Claim
The duration of a common law claim in Queensland typically spans about 18 months, but this can vary based on several factors, including the severity of the injury, the complexity of the case, and the insurer's response.
While waiting for your claim to settle, various support mechanisms are available to assist with your injury recovery, ensuring you receive the necessary care and support during this period. If you have any concerns or need assistance, it is advisable to seek legal advice from an experienced personal injury lawyer. Smith’s Lawyers team of compensation claim experts offer free online case reviews to help guide you through this process and receive the compensation you deserve.
