Have you have been injured in a motor vehicle accident, truck accident, bus accident, motor cycle accident, boating accident, bicycle, train, or even as a pedestrian, you will be entitled if it was not your fault to a claim for compensation arising from your accident for your injuries under the Motor Accident Insurance Act 1994 (also known as the “MAIA”).
If you do have a motor accident claim as stated above, personal compensation damages may be awarded to you and they cover many heads of damages including:-
- Compensation for pain and suffering and loss of your amenities of life.& This is known under the law as general damages and are to compensate you for matters involving pain and suffering generally;
- Loss of wages or business profits (including loss of past and future income and loss of superannuation payments). As regards loss of wages it is calculated based on your current or potential future earnings and a lump sum will be awarded as a general buffer for your future wage loss.& We are highly specialised at achieving the largest lump sum using expert forensic accountants to assist with these calculations which also include superannuation;
- Medical and rehabilitation expenses that you have incurred and are likely to incur in the future;
- Care costs (including past and future care);
- Out of pocket expenses;
- Payment of your rehabilitation and medical treatment such as physiotherapy treatment, medications expenses, ongoing treatment with specialists etc;
- Often people are able to make what is known as journey claims where they are travelling too or from work or on behalf of work during the course of the day and are entitled to the dual benefits of the third party compensation as stated above plus also workers’ compensation benefits. We will advise you further on the options available.
The Civil Liability Act 2003 (also known as the “CLA”) and associated Regulations govern the awards of damages in relation to pure motor accident claims in Queensland. Navigating the provisions of the Civil Liability Act 2003 can be quite complex and it is therefore important that you obtain legal advice with respect to what compensation entitlements you may have under such legislation and, most importantly, as to whether your motor accident claim is one in fact governed, and therefore restricted, by the Civil Liability Act 2003. The Personal Injury Lawyers will be able to provide you with this advice.
Please note that the laws governing compensation for motor accidents fall under the Compulsory Third Party Insurance Company or possibly the Nominal Defendant where a party at fault cannot be identified. This law will compensate you for your personal injuries, loss and damages and does not personally cause any financial loss to the person that caused the accident. In other words friends or family that may have caused the accident will not be personally responsible but the payment will be made by the Compulsory Third Party Insurance Company.
Strict Time Limits:-
Strict time limits apply in relation to these claims known as CTP claims as regards notification that must be given for pursuing common law damages. You should contact Gerard Malouf & Partners Queensland immediately to determine your rights and the time limits that apply and to understand the time limits that apply.