The respondent. A compulsory third party claim is against the CTP insurer of the vehicle at fault. A workers' compensation matter runs through WorkCover Queensland. A public liability claim under the Personal Injuries Proceedings Act 2002 (Qld) is against the person or entity a proceeding would be brought against, which is established from the lease, the management arrangement and the insurance rather than assumed.
The notice. Each scheme starts with a prescribed notice within a statutory period, and the notice is what preserves the claim. What goes into it matters: the notice describes the injury, the circumstances and the respondent, and a notice that is wrong on any of those has to be corrected.
The evidence. A claim is decided on evidence of the injury and its effect: the treating records, independent medical assessment, and, where the scheme provides for it, an assessment of permanent impairment. In a workers' compensation matter, statutory benefits such as weekly payments and medical expenses do not require proof of fault, while a separate common law damages claim does and turns on the same body of evidence.
The conference and the offers. Before a proceeding can be started, the parties must attend a compulsory conference and attempt to resolve the claim, and if they cannot, each must make a mandatory final offer. The great majority of matters end at or around that point.
The court. Only if the offers are not accepted does a proceeding begin, generally within three years of the injury under the Limitation of Actions Act 1974 (Qld). What a claim covers, if it succeeds, is described in general terms below; no figure, range or likely outcome appears on this page, because none can be stated honestly in advance and the law does not permit a practice to advertise one.
