How to make a personal injury claim in Queensland
Published 03 May 2014
Practice Area: Motor Vehicle Accidents Claims, Medical Negligence & Malpractice Claims Lawyers, Slip & Fall Public Liability Claims, Work Related Accident Claims, Asbestosis, Dust Diseases & Mining Claims, Superannuation and Personal Disability Claims (TPD)
The Personal Injuries Proceedings Act 2002 (Qld) (‘PIPA) imposes various procedural requirements on those seeking to be compensated in personal injury claims. It is important to note that PIPA does not consider claims for personal injuries arising from car accidents, work or exposure to asbestos or tobacco products.
Statutory time limitations
PIPA sets out pre-court procedures that must be complied with prior to commencing pleadings in court. The respondents must be notified of your intention to make a claim within a certain time period. Notice is given by serving certain prescribed forms in two separate parts (Part 1 and Part 2). These forms can be obtained online from the Department of Justice website.
Part 1 requires a description of the incident which caused the injury, an identification of who you submit to be the negligent party, details of medical treatment received and information of circumstances surrounding the incident. You must also attach a medical certificate relating to the injuries to Part 1.
Once the respondent has received Part 1, they have one month to advise you as to whether they are the correct respondent and whether they accept that your Part 1 complies with the relevant PIPA requirements. If they allege that they are not the correct respondent, they are under a duty to advise as to how you can identify the appropriate respondent. If they submit that your Part 1 Notice is defective, they must provide you with written notice of the defects. You then have one month to rectify the defects.
Alternatively, if the respondent does not respond to your Part 1 Notice in one month, it is assumed that they have accepted the Notice.
Within 2 months of the respondent accepting or responding to Part 1, you must then complete and serve Part 2.
Failure to comply
If you fail to comply with these time requirements, you must provide a reasonable excuse for your delay. In deciding whether you should be granted an extension, the Court will consider, amongst other things, the extent and nature of your injuries, whether you have a reasonable cause of action and the reasons for your delay.