Townsville Personal Injury Lawyers are experienced in acting for people who have sustained injury in motor vehicle, motorbike and cycling accidents.
We can assist you or your passengers if you or they were injured in a vehicle accident.
We also assist pedestrians who have been injured by motor vehicles or motorbikes.
You can claim for any injury sustained in a motor vehicle accident if it has caused you pain, loss of wages, expense medical or otherwise or is likely to cause you such loss.
Contact us today on 1800 632 930 or submit an enquiry online if you wish to discuss a possible claim.
Do I have a claim?
You have a right to claim for injury sustained in a motor vehicle or motorbike accident if the other party involved in the accident caused the accident.
Often in cases involving pedestrians, struck by vehicles, it is not clear who is at fault. Our team of personal injury lawyers are skilled at determining the party who caused the accident.
We invite you to discuss your claim with our personal injury team to determine whether you are eligible for a claim.
Please call us on 1800 632 930 for your free assessment or submit an enquiry online if you wish to discuss a possible claim.
What are my time limits?
There are strict time limits for making a claim for compensation.
To protect your claim for compensation for personal injury, legal proceedings must be commenced within three years of the date of the accident. Persons under the age of 18 years can make a claim until they turn 21.
It is important to seek advice as soon as possible after your accident to ensure that your rights are protected.
How do I make a claim?
A claim is commenced by giving the CTP insurer a Notice of Claim which complies with the Motor Accident Insurance Act 1994 ("the Act"). The Notice of Accident Claim Form contains information including:
- your personal details, name and address;
- the circumstances of the accident;
- why you believe the driver of the vehicle was at fault.
The Notice of Claim required by the Act must be given within the earlier of:
- 1 month of seeking legal advice;
- 9 months of the date of the accident.
This Notice is a sworn document and penalties apply for incomplete or misleading information.
If the motor vehicle or motorbike which caused the accident cannot be identified then special rules apply with respect to making a claim and giving notice of the claim.
If you have been involved in an accident in which the vehicle that caused the accident cannot be identified you should seek legal advice urgently.
Our personal injury lawyers will assist you with making a claim on 1800 632 930 or submit an enquiry online.
How long will my claim take?
How long your claim will take is determined by factors including:
- Whether the CTP insurer admits or denies liability;
- What investigations we are required to perform on the issue of liability, including taking statements from witnesses;
- The nature of your injuries and the extent of your injuries;
- Whether you require surgery or other medical procedures as part of your rehabilitation.
We advise claims usually take 2 years from the date of the accident before we are in a position to talk to the insurer about resolving your claim.
Our personal injury lawyers will provide a more accurate timeframe for your particular circumstances at consultation.
How is my compensation calculated?
The amount of your compensation depends on your injury and the impact your injury has on you socially and on your ability to work.
You can claim compensation for the following matters:
- General Damages (Pain and suffering);
- Past and Future Medical expenses;
- Loss of wages and superannuation if you have been off work;
- Care and assistance provided to you by other people (subject to statutory limts);
- Equipment required due to your injury such as wheelchairs, home renovations, work modifications. vehicle modifications and prosthetics.
Our personal injury lawyers can provide more accurate advice.
How much does it cost?
We conduct matters on a No Win No Fee basis.
You will never receive a bill from us unless your claim is successful.*
We do not charge fees for typists and secretaries printing and arranging doctor’s appointments, briefs and conferences.
Do I have to go to court?
Going to Court is stressful and expensive.
We can usually negotiate a settlement of your claim before going to Court. We keep you fully informed during the negotiation process.
In our experience:
- over 75% of matters resolves at a Conference;
- over 95% of matters resolve without going to Court.