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If you have been involved in a car, bus, truck or motorbike accident in Brisbane or the Gold Coast, you may be entitled to claim compensation for your injuries. You will need compensation as the cost of rehabilitation, potential economic loss and more can easily mount up.
Commencing a car or motor vehicle accident compensation claim can be complex, as the paperwork from insurance companies is often confusing. Let us help you navigate this process.
Call, email or visit us — it costs nothing to ask our Brisbane or Gold Coast accident lawyers for advice.
You’re welcome at any time to contact us for a free compensation claim assessment that is tailored to your specific situation. You can also use our compensation calculator which will give you a ballpark on the compensation you may receive.
TPIL Lawyers can assist you with a motor vehicle accident claim whether you were:
A 42-year-old sales consultant who suffered a simple whiplash injury to her cervical spine in a rear-end collision received $400,000. This was due to the impact the injury had on her pre-injury lifestyle and employment, despite doctors describing her whiplash injury as “minor”.
No motor vehicle accident is the same – so no compensation claim is the same either. Depending on the circumstances of your accident and how serious your injuries are, you may be able to make a Total and Permanent Disability (TPD) claim if you are unlikely or unable to work again as a result of the injuries suffered from the accident.
Even though every motor vehicle accident claim is unique, there is something they do have in common: what you do immediately afterwards can significantly affect the outcome of your claim. To ensure you have the best chance of success, we’ve listed the six key steps to take following a motor vehicle accident:
If you do find yourself in a motor vehicle accident, use your phone to document the scene with photos or videos. These pieces of evidence can prove to be invaluable when it comes to being successful in your claim. Capturing images of the weather and road conditions will also play a key part in this role.
It’s important to note here, however, that while gathering as much evidence as possible will help your claim, try to avoid taking statements from witnesses whole appear to be supporting the other driver/s involved. Their statements can actually be used against you during the claim process or at a later stage.
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If you are looking for the best-rated car accident lawyers in Brisbane, or the leading motor vehicle accident claim lawyer on the Gold Coast, you’ve come to the right place.
Injuries can have different effects, so compensation payouts for vehicle accidents vary on a case-by-case basis. A minor injury to one person may affect someone else more seriously. The amount of compensation you receive will be influenced by factors, including:
If you have already lodged a claim and it has been declined, we will gladly review the decision at no charge to you.
Compensation is to help an injured person make up for the loss and damage they have suffered as a consequence of the injury. The greater the impact of the injury or injuries on your pre-accident lifestyle and employment, the greater the compensation you will receive.
A brain injury, spinal injury, or any other type of serious injury is likely to result in a much higher payout for damages. Because compensation payments for personal injury claims in Queensland are subjective, it is impossible to state a specific compensation amount for a specific injury. It will be determined by the amount of loss and damage sustained as a result of the injury.
The extent of the injury sustained, as well as age, occupation, recreational interests, and the injured party’s health at the time of the accident, will influence motor vehicle accident compensation payouts.
For example, a construction worker suffering a back injury as a result of a car accident is likely to have a greater loss of income than that of an office worker with the same injury due to the nature of the employment. In this instance, the construction worker will likely receive a greater compensation payout to cover their post-accident expenses. The same applies for the pre-accident lifestyle factor. If the construction worker leads an active lifestyle and participates in recreational sporting activities, they are more likely to receive a higher compensation payout than an office worker who has an inactive lifestyle.
Whatever your accident, lifestyle or employment, TPIL Lawyers is here to help you claim the compensation you need to help your recovery and get your life back on track.
Though we can’t provide an exact figure, if you want to know how much compensation for your car accident you could be entitled to, check out our compensation calculator.
Most car accident claims can be settled out of court with a personal injury settlement. If your claim is heard in court, you will only be required to appear if your presence is deemed absolutely necessary to the outcome. In some cases, your personal injury lawyer may be able to attend on your behalf.
After calculating what the person would have earned but for the accident, and what their earning capacity is now because of the accident, the court makes a monetary award to make up the difference. The court tries to put the injured worker, driver, pedestrian, cyclist or shopper back into the position they most likely would have been in but for the car accident.
These are the most important things to remember about how much a lawyer charges for a car accident claim:
All motorists in Australia are required to have compulsory third-party (CTP) insurance, so in most cases, the compensation will be paid by the person at fault’s insurer. Being involved in an accident with an uninsured driver can make matters worse. However, our expert team or motor vehicle accident lawyers can still assist you with making your claim in these circumstances.
TPIL Lawyers can assist you in obtaining compensation as soon as possible. However, keep in mind that settling a car accident claim has no set timeframe, as each case is unique. The length of time will be decided by the complexities of your situation and the willingness of the other party to reach an agreement. Talk to one of our motor vehicle accident lawyers to get a better sense of how long your claim could take.
If you have a motor vehicle accident claim, the following types of injury compensation may be available to you:
You may also be able to claim for general damages, such as pain and suffering and loss of enjoyment of life. This will depend on the personal circumstances of your case.
If your vehicle was damaged in the accident, you can also claim compensation for this, which TPIL Lawyers will also happily assist you with. Even if the at-fault party doesn’t have CTP insurance, we will help you file for compensation, so you don’t need to be paying out-of-pocket for vehicle repairs.
If you were involved in a car accident on the way to work, you can actually claim workers’ compensation. Our teams of motor vehicle and workers’ compensation lawyers will be able to assist you in receiving the compensation you deserve.
After an accident, there are 3 key benefits you are entitled to depending on the accident’s circumstances:
In 2022, the Motor Accident Insurance Commission revealed that the average motor accident claim compensation payouts in Queensland were:
However, it’s important to remember that these are average figures only. Every situation and claim is unique and will have its own specific variables to take into consideration when determining the compensation amount. The average injury settlement is all dependent on the type of injuries you’ve suffered, including severity, impact on quality of life, and even their longevity. To get a better understanding of what you could be entitled to, use our compensation calculator.
If you’re considering legal action, get in touch with one of our motor vehicle accident compensation lawyers as soon as possible to start building your case. Motor vehicle accident claims have strict time limits, so it’s critical to file your personal injury claim as soon as possible.
It’s best to start your motor vehicle accident compensation claim as soon as possible to ensure that all evidence and witness statements are fresh and can easily be presented as part of your case.
Making a claim
For accidents that involve personal injuries, you usually have up to 3 years from the date of the accident to make a personal injury claim. If no personal injuries were sustained, but your car was damaged, you have up to 6 years to make an accident claim.
With TPIL Lawyers, we’ll help you throughout every stage of the claims process.
Making a claim if you were injured by an unregistered or unidentified driver
A personal injury claim under these circumstances has stricter time limits to adhere to. You will only have 3 months from the date of the accident or 1 month after your first consultation with a lawyer – again, whichever comes first.
We strongly recommend meeting with a personal injury lawyer in these circumstances, as your lawyer will be responsible for meeting any and all required deadlines, relieving you of the pressure.
Commencing court proceedings
Most motor accident compensation claims are resolved at a personal injury settlement conference, so it’s not often people go to court to receive their compensation payout. However, if your claim is more complex than others or if you are involved in more of a dispute with the other party’s insurer, then you have 3 years from the date of your injury to commence court proceedings. If you miss this deadline, then your right to claim compensation for your whiplash injury will be lost forever.
Claiming compensation after a car accident entails a number of steps, and you should be aware that car accident compensation claims have strict time limits. Having a lawyer to help guide you through these steps is an invaluable advantage to your claim. At TPIL Lawyers, we can help submit your claim by:
In most cases, you must report the accident to the police. The exception to this rule is if your accident did not necessitate the towing of a vehicle or if there were no injuries as a result of the crash. Whiplash injuries are common after being involved in a car accident and can have long-term consequences for your health and quality of life.
If you were also partially at fault, the other party will almost certainly file a claim with your insurer. Because of the complexities of the claims process, having an experienced accident lawyer on your side is critical to the outcome of your case. You won’t have to worry about missing an important step in the claims process.
In a motor vehicle accident, the 4 most common injuries sustained are:
Back injuries
Spinal injuries from car accidents were the most common injury compensation claims in Queensland. According to recent data, between 2018 and 2021, more than 78% of claimants suffered spinal injuries (including whiplash) than anywhere else. If you have been injured, please contact us.
Whether you’re suffering from a slipped disc, muscle pain, lower back pain, or any other form of back injury, TPIL Lawyers is here to help. Back injuries can seriously affect your quality of life, so it’s important to receive the compensation you deserve.
Whiplash
Whiplash is the most common injury for a rear-end collision due to the sudden and forceful impact from behind, jolting you forward. Our experienced whiplash compensation lawyers can answer any questions you may have about whiplash payouts, to help give your claim the best chance of success.
Head injuries
Some common head injuries include concussions, headaches or migraines, contusions or bruising, seizures, fainting, and other traumatic brain injuries (TBI). TPIL Lawyers are here to assist with your compensation claim, no matter how minor your head injury may be. Even if you only suffered a minor concussion, you could still be entitled to compensation.
Shoulder injuries
A dislocated shoulder is a common result of car accidents, along with fractures or breaks. More serious accidents that can see you struck by debrs or forced into the seat, dashboard or windshield, can result in breaking your clavicle or humerus. For injuries of this kind, it’s important to claim compensation to assist in your recovery process. Our experienced motor vehicle accident lawyers are ready and waiting to do just the job.
Other common injury claims you can claim compensation for following a motor vehicle accident include:
Even being partially at-fault can complicate the compensation claim process for motor vehicle accident. Making an at-fault compensation claim without insurance is a completely different process to making one with insurance, as having an insurance company or third party involved in the claim changes how it proceeds through different legal services. However, that doesn’t mean it’s impossible.
If you are at fault for your accident and don’t have insurance, there’s no harm in using our 30-second compensation claim eligibility checker to get an idea of your options. Our compensation checker comes at no cost to you and is obligation-free.
Regardless of your eligibility status, contact our expert motor vehicle accident lawyers for advice, so we can advise you on what steps to take next if you don’t have insurance.
In a rear-end car accident, it can be difficult to determine who caused the accident – the driver in front or the driver behind? In Australia, there are some general principles to follow to determine the at-fault driver:
Insurance companies and the court are often called in to determine the at-fault party in scenarios that are more difficult to determine fault. If you have been involved in a rear-end car accident, having an experienced motor vehicle accident lawyer will prove invaluable to your compensation claim.
Spinal and whiplash injuries are the most commonly sustained in a rear-end collision. This is due to the sudden forward and backward movement of the head, neck and spine. In most whiplash cases, it’s the passengers who suffer than injury rather than the driver, who has the added support of holding the steering wheel.
Other injuries that can occur include bruising, broken ribs, arm injuries, facial lacerations and head and brain injuries. The severity of the injuries generally depends on:
If you have been rear-ended, it’s important to seek medical attention even if you’re only experiencing minor injuries or symptoms. Sometimes injury symptoms can take weeks to become apparent, and having the injury documented as soon as possible will prove extremely helpful to a motor vehicle personal injury claim.
Now that you’re more informed about motor vehicle accident compensation claims, there’s just one final question left for us to answer: are you eligible to make a claim? Fortunately, the answer to this question is quite simple. You are eligible to make a motor vehicle accident claim if you were injured in an accident and not at fault.
Motor vehicle accidents can be traumatic enough to endure. It’s important to have legal assistance that you can trust and make the process as smooth as possible. Though there are technically aspects of the claim process you can do on your own, that doesn’t mean you should. Having a TPIL Lawyer will ensure you will maximise your compensation claim and its chance of success.
Our lawyers work hard to make you feel comfortable and respected. We offer advice that’s personally catered to your circumstances, easy to understand and focuses on your best interests.
All of our cases come with a no-win, no-fee guarantee, meaning we take on all outlays and associated claims costs – which you won’t have to pay back if for whatever reason, you don’t receive your compensation payout.
With offices in Brisbane and the Gold Coast, we can manage your motor vehicle accident claims from Brisbane down to Coolangatta and beyond. Whether you were involved in an accident in the city or rear-ended driving to Dreamworld, we can help. Even if your injuries are only minor, there is still the possibility for you to make a claim.
For the best motor vehicle accident lawyers in Brisbane and the Gold Coast who are committed to a swift and smooth claim, choose TPIL Lawyers. Contact us now or call us on 1800 958 498 to discuss your compensation claim.
Our 30-second claim checker will be able to help you determine whether or not you can make a motor vehicle accident claim. After completing the free assessment, one of our experienced car accident lawyers in Gold Coast or Brisbane will get in touch with you to discuss just how much you could receive for your car accident payout. So, what are you waiting for? It costs nothing and is obligation-free.
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Our Managing Director, James, has represented clients who, through no fault of their own, have suffered as a result of somebody else’s actions. Imagine finding yourself hurt and then having an insurer make you jump through hoops before you can get access to much needed treatment. James has seen it all.
Connect with James on Twitter @QLDLawyer