Motor and Car Accident Lawyers Queensland

No, there are no upfront costs or risks of being left out of pocket.

Conventional 'no win, no fee' agreements typically come with a hidden catch: if your case proceeds to court and is not successful, the burden of the other side's legal expenses might fall on your shoulders, potentially amounting to a considerable sum.

Smith's Lawyers offer a fully risk-free compensation guarantee: No Win, No Fee, No Catch®. On the rare occasion that your claim is pursued in court and the decision is not in your favour, our assurance is to absorb all expenses - sparing you the need to pay anything to us, or the other side.

Car crashes and road-related mishaps in Queensland commonly result in a variety of injuries. These injuries can range from minor to severe, and in some cases, may have life-altering consequences:

• Whiplash: Whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, often as a result of a rear-end car collision. Symptoms may include neck pain, stiffness, and headaches.
• Broken bones: Impact during a car crash can cause fractures in any part of the body, the most common ones being broken arms, legs, ribs, and collarbones.
• Traumatic brain injuries: These are serious injuries to the brain due to a violent blow or jolt to the head during a collision. Symptoms can include headaches, nausea, and loss of coordination.
• Spinal cord injuries: These often occur in severe crashes. Depending on the site and severity of the injury, loss of motor function or paralysis may occur.
• Burns: Car crashes involving fire or extreme heat can result in burn injuries of varying severity. Burns may lead to infections, scarring, and even death in serious case
• Internal injuries: These include injuries to organs, blood vessels, or the heart and can be life-threatening if not immediately diagnosed and treated.

It's vital to seek medical help quickly after a car accident, even if you feel okay. Symptoms for some injuries, like internal ones, may not appear straight away.

Approximately 40,000 people are injured in car accidents in Queensland each year and some of the most common causes include;

• Distracted Driving: In Queensland, distracted driving stands as one of the primary causes of car accidents. This includes any activity that diverts attention from driving, such as texting, eating, or answering a phone call.
• Speeding: Driving over the speed limit is a common cause of car injuries. Areas such as Gold Coast and Sunshine Coast, renowned for their fast-paced highways, often record high speeding incidents.
• Impaired Driving: The influence of alcohol or drugs can significantly impair one's driving skills, leading to severe, sometimes fatal accidents.
• Reckless Driving: Careless behaviour on the road, such as tailgating or changing lanes without signalling, is another major cause of road injuries in Queensland.
• Fatigue: Long stretches of road in rural Queensland, such as the Bruce Highway, can lead to driver fatigue, making it a significant risk factor for accidents.

The duration of car accident injury claims has a large degree of variance, primarily based on the unique circumstances enveloping each case. However, it's generally observed that the process may take around 18 months.

Several factors contribute to this timeframe:

• Injuries needing to settle: If an injury is very recent then it may be difficult to accurately estimate future loss of earnings and all medical costs. Therefore time is needed for recovery and the injury to settle to make a stronger case for future costs and lost earnings.
• Case Complexity: More complex cases, particularly those involving severe injuries or disputations around the blame, tend to draw out proceedings.
• Proving Liability: Establishing who's at fault can often be contentious, and may require extensive investigation, and thus more time.

In this often complex and time-consuming process, it is crucial to seek professional advice to ensure your claim is handled efficiently and effectively. 

In Queensland, the financial responsibility for car and road accident compensation claims lies with the Compulsory Third Party (CTP) insurer of the party determined to be at fault. This is included in everyone's vehicle registration payments and the at-fault driver does not incur any costs themselves.

Liability disputes can occur with CTP insurers. The insurer might argue that their policyholder wasn't at fault or that your injuries aren't as severe as claimed. However, this shouldn't deter you from pursuing your rightful compensation. Expert lawyers will investigate the claim and present evidence to help argue for rightful liability.

Yes, in instances where the at-fault driver is uninsured or their details are unknown, claiming compensation for car accident injuries in Queensland is still possible. However, a different process is followed by invoking the Nominal Defendant scheme. 

The Nominal Defendant is a statutory body in Queensland designed to provide a source of compensation for individuals injured in motor accidents due to the negligence of unidentified or uninsured motorists. Therefore, even if you cannot identify the at-fault driver or they were uninsured, the Nominal Defendant becomes the 'virtual' insurer providing the necessary compensation

However, it's crucial to be conscious of the time constraints. You must lodge a notice of accident claim form (to MAIC) within three (3) months of the accident date or, if symptoms of the injury were not immediately apparent, within three (3) months of the first appearance of symptoms. 

Remember, the clock starts ticking from the date of the accident, so it's vital to act quickly. Time is of the essence, and delays could potentially jeopardise your compensation claim.