In Cairns, like elsewhere in Queensland, Claimants in personal injury cases are required to participate in the various pre-action procedures that are established under the relevant legislative schemes which vary depending upon the nature of your injury.
In many cases a Claimant’s claim is capable of being settled by way of a negotiated compensation payment without the need to commence court proceedings.
If proceedings are commenced however, it may ultimately be necessary for you to go and present your case to a Court and have a Magistrate or a Judge adjudicate the following:
- Whether someone is liable to pay you compensation.
- The amount of compensation payable.
All claims involving personal injuries need to be heard in one of the State courts and the choice of court will vary depending upon the claim. The following is a summary of the jurisdictions of the various courts:
- Magistrates Court – claims up to $150,000
- District Court – claims from $150,001 to $750,000
- Supreme Court – claims from $750,001 and more
Motor vehicle accident claims are all governed by the Motor Vehicle Accident Insurance Act. The Act has certain peculiarities to it which differ slightly from the other injury compensation legislations.
In order to succeed with a claim for compensation under the Motor Vehicle Accident Insurance Act a client must ensure that their claim is not only compliant but that they are capable of establishing that the driver of another vehicle was responsible for an accident which caused an injury such that the driver’s CTP Insurer is liable to pay compensation (“the Liability Question”).
In our experience there are a number of steps involved in establishing the Liability Question so as to win the entitlement to compensation, these include:
- Obtaining a detailed statement from the Claimant and any witnesses to the accident at the earliest opportunity whilst everyone’s memory is still fresh.
- Obtaining all Police and emergency services reports as soon as they are available.
- Whenever necessary, engaging qualified experts to inspect the scene and if required to produce a re-enactment report.