Personal Injury Lawyers
Queensland compensation lawyers acting for injured Queenslanders across motor vehicle accidents, workplace injuries, public liability, superannuation and insurance, and professional negligence.
If you have been injured in Queensland, you most likely have questions about what comes next. Do you have a viable claim? How long do you have to act? What does the process involve?
Who Can Bring a Personal Injury Claim in Queensland
You may have a personal injury claim if you have suffered an injury caused or materially contributed to by someone else’s negligence in Queensland. That covers a motor vehicle accident, an injury at work, an injury on business or public premises, a long-latency condition from workplace exposure, or loss caused by a professional who failed to meet their duty of care.
Personal injury claims in Queensland sit under several statutory schemes. Motor vehicle injuries fall under the Motor Accident Insurance Act 1994 (Qld) and the Compulsory Third Party (CTP) system. Workplace injuries fall under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and may give rise to both a statutory claim and a common law damages claim. Injuries in public places or on private premises generally fall under the Personal Injuries Proceedings Act 2002 (Qld). Each scheme has its own eligibility rules, evidence requirements and time limits, and we assess which pathway/s may apply at your first consultation.
Negligence in a personal injury claim is a specific legal test, not a general label for fault. Four elements typically need to be present: a duty of care owed by one party to another, a breach of that duty, a causal link between the breach and the harm, and damage the law recognises. Whether negligence exists in your situation is a case-specific assessment by a specialist compensation lawyer.
Queensland time limits are strict, and they vary by scheme. We review the applicable deadlines at the start of every claim, which is particularly important if your injury developed gradually, if you have only recently connected a condition to the incident, or if more than one compensation scheme might apply to your situation.
What Our Personal Injury Practice Covers
We run personal injury claims under each of Queensland’s main compensation schemes.
Motor Vehicle Accident Claims
Your motor vehicle accident claim in Queensland falls under the Motor Accident Insurance Act 1994 (Qld) and the Compulsory Third Party (CTP) system, whether you were a driver, passenger, motorcyclist, cyclist or pedestrian. Where another road user’s negligence caused or materially contributed to the injuries, you may have a viable CTP damages claim. See our motor vehicle accident lawyers page for more information.
Workers' Compensation Claims
Two compensation pathways may be open to you under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) when you have been hurt at work: a statutory claim through WorkCover Queensland or a self-insurer, and, where an employer’s negligence caused or materially contributed to the injury, a common law damages claim. We can provide you with early advice, support you through the statutory phase and if applicable, run the common law damages claim. Physical, psychological and conditions that develop over a period of time are all covered. See our workers’ compensation lawyers page for more.
Public Liability and Negligence Claims
Slip, trip and fall injuries, dog attacks, assault-related injuries, and aviation or boating injuries on business premises, in public places, at events or during recreational activities sit under the Personal Injuries Proceedings Act 2002 (Qld). This is where another party owed a duty of care and breached it. We act on these claims for injured Queenslanders across the state. See our public liability and negligence lawyers page for more.
Superannuation and Insurance Disability Claims
Benefits through your superannuation fund or a separate insurance policy, including Total and Permanent Disability (TPD), income protection, trauma cover and life insurance, may be available when illness or injury leaves you unable to work. These claims often turn on the policy definition of disability and the medical evidence, and the fund or insurer’s first decision is not always the final answer. We act on these claims across Queensland. See our superannuation and insurance claims page for more.
Professional Negligence Claims
Where a solicitor, accountant, engineer, financial adviser or other professional has breached their duty of care to a client and caused loss as a result, a professional negligence claim may follow. See our professional negligence lawyers page for more.
Speak With a Queensland Personal Injury Expert
If you have been injured in Queensland, a free case review is the starting point. Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, and from the first conversation through to resolution, you will be looked after by an experienced team of compensation experts.
How We Approach Your Claim
Initial Review
Your first conversation with us is a free case review. Your compensation lawyer will obtain and review any relevant documents, discuss your situation and the relevant claim process with you, and provide you with guidance as to what rights you may have.
Investigating and Lodging a Damages Claim
If another party’s negligence caused or materially contributed to your injury and you choose to lodge a damages claim, we gather the medical, economic and liability evidence and lodge the appropriate Notice of Claim under the scheme that applies. Your compensation lawyer runs the investigation, obtains expert reports (at our expense) and quantifies your damages, which may include any past or future loss of income, superannuation, care needs, future costs and pain and suffering.
Resolving at Conference or Court
Before you can file a Claim in the Court, there are various pre-court steps to undertake, including participating in a compulsory settlement conference. We prepare, attend and negotiate for you. Where a fair resolution is not available at conference, we advise you on the prospects of court proceedings and run your claim until it has reached a resolution.
Our Fees
We act on personal injury claims on a no win, no fee basis. You do not pay our professional fees unless your claim succeeds. Learn more about our Lower Fee Promise.
In Queensland, there is a 50 per cent cap on the share of a settlement that a law firm can take in professional fees and outlays combined. Our professional fees are charged on the Federal Court scale plus GST, and we self-impose a one-third cap for “peace of mind” and to ensure that you receive the “lion’s share” of any settlement sum.
What You Get When You Work With Us
We are a Queensland-dedicated compensation law firm. Every lawyer is an expert in Queensland schemes, and every office is in Queensland, in Brisbane, Sunshine Coast, Gold Coast, Cairns and Innisfail.
Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, and we run claims under every major Queensland personal injury scheme.
Travis Schultz & Partners was founded in 2018 by Travis Schultz, who has been awarded the Medal of the Order of Australia (OAM) for service to the legal profession and the community. Travis is a QLS Accredited Specialist in Personal Injury Law and has been ranked as Preeminent in Doyle’s Guide. Our fee structure sits below the Queensland legal profession cap under the Lower Fee Promise.
Testimonials
See what our clients have to say about their experience.
Frequently Asked Questions About Personal Injury Claims in Queensland
Do I Have a Personal Injury Claim in Queensland?
Whether you have a viable claim turns on case-specific facts, including how the injury occurred, who else may be legally responsible, the level of any impairment or damage you have suffered as a result, and whether the claim is within the time limits that apply. Queensland’s compensation schemes cover motor vehicle accidents, workplace incidents, public liability and professional negligence. A free case review with a compensation expert is the best starting point, rather than trying to assess it from general information alone.
Can I Rely on What an AI Tool Tells Me About My Personal Injury Claim?
AI tools can give you a general overview of compensation law, but they cannot account for the case-specific facts that determine whether you have a viable claim. AI commonly gets time limits wrong, makes categorical statements about viability that no firm can responsibly make without a proper review, and quotes dollar figures that do not reflect individual circumstances. Treat AI as a starting point only – not as legal advice. Always seek a qualified compensation expert for proper review of your particular case.
What Does It Mean to Say Someone Else's Negligence Caused My Injury?
Negligence in a personal injury claim is a specific legal test with four elements: a duty of care owed by one party to another, a breach of that duty, harm caused by the breach, and damage the law recognises. The phrase “someone else’s negligence” is shorthand for that test, but whether it applies in your situation depends on the facts, including the relationship between the parties and the standard of care expected. An experienced compensation lawyer applies that test in a free case review.
What Compensation May Be Available in a Personal Injury Claim?
Damages in a Queensland personal injury claim are made up of several heads of damage, and the heads available depend on the scheme. General damages can compensate for pain and suffering, assessed under the Injury Scale Value (ISV) scale in the Civil Liability Regulation 2014 (Qld). Past and future economic loss relates to any lost income, lost superannuation and reduced earning capacity in the future as a consequence of the injuries. Special damages can cover medical, rehabilitation and other “out-of-pocket” expenses. Past and future care can cover paid care and, in some cases, voluntary assistance from friends and family, and allowances can be made for any future costs you might be exposed to as a result of your injuries. The size of any award, however, is case-specific and can only be assessed accurately once all medical and other evidence is to hand.
How Long Do I Have to Bring a Personal Injury Claim in Queensland?
Time limits vary by scheme. The safer approach is to get advice from a compensation expert rather than assuming an option has closed.
I Was Told by an AI Tool That I Still Have Time to Claim. Is That Right?
AI advice on time limits should never substitute for a case review with an experienced compensation lawyer. AI cannot account for the case-specific facts that determine whether a limitation period has run or been extended.
Is Professional Negligence the Same as Medical Negligence?
No. Professional negligence covers breaches of duty by professionals such as solicitors, accountants, engineers and financial advisers who owe a duty of care to their clients. Medical negligence sits in a separate area of law, with its own evidentiary requirements and specialists.
I Am Self-Employed, and I Was Injured on Someone Else's Site. Can I Claim Under Their WorkCover?
WorkCover Queensland insurance covers workers as defined under the Workers’ Compensation and Rehabilitation Act 2003 (Qld), which is generally employees of the insured business and certain categories of contractors who meet the legislative tests. A self-employed business owner injured while working on another business’s premises is generally not covered by that host business’s WorkCover policy. Other potential pathways may apply, including a common law negligence claim against the host business, a claim against the host’s public liability insurance, or claims under your own personal accident or income protection insurance. Whether any of these apply turns on case-specific facts.
What Are Your Fees on a Personal Injury Claim?
We take on personal injury claims on a no win, no fee basis. You do not pay our professional fees unless your claim succeeds. Most law firms abide by the government-set cap on professional fees of 50 per cent of a settlement. We charge only on the Federal Court Scale plus GST, with a much lower, self-imposed cap of one third of the settlement, and we fund disbursements ourselves rather than using expensive litigation funders, and do not charge interest for the disbursements we carry over the course of the claim.
Will My Personal Injury Claim End Up in Court?
The majority of personal injury claims in Queensland are resolved out of court, often at a settlement conference or mediation. We prepare your claim for conference first, and where a fair resolution is not achievable there, we walk you through the merits of issuing court proceedings before any decision is made.
Where to Go From Here
If you have been injured in Queensland, the next step is a free case review. Your claim is run from the first conversation through to resolution by an experienced compensation lawyer, on a no win, no fee basis, with professional fees capped at one third of the settlement under our Lower Fee Promise. Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, working from five offices across the state.
