How Long Will My Common Law Claim Take to Resolve?

Unfortunately, there is no one-size-fits-all answer to the duration of a common law personal injury claim. Depending on the type of case and specific complexities, typical time frames can be broadly estimated:

• Work, Road, Public Place Accidents: Many of these cases settle within 18 to 24 months from the claim's start date.
• Medical Negligence: These claims usually run longer. Settlement often happens within 18 to 24 months or more, as medical expert input is often more complex and takes additional time.

Important Note: Strict time limits apply to making a personal injury claim. You could lose rights if delays exceed these. Seeking prompt legal advice after an incident is always wise.

The Process and Its Impact on Timing

1. Investigation & Pre-Filing: Your lawyer gathers evidence, prepares legal paperwork, and communicates with the insurer. 
2. Compulsory Conference: Before a claim can be filed in court, there must be a conference between the parties. Most Queensland claims settle at this so-called ‘compulsory conference’ which occurs in an office meeting setting. You will normally be present with your legal team and the legal representatives of the at-fault party's insurer (such as WorkCover Queensland or CTP insurer of an at-fault driver).
3. Court Trial (if needed): This is the lengthiest process. It occurs only if all attempts at negotiations and conferences fail, leading to significant time commitments.

Factors Affecting the Duration of a Common Law Claim

1. Type and Severity of Injury: The nature and severity of your injury can significantly affect the duration of your claim. More severe injuries often require longer periods for medical stabilisation, which is necessary before a claim can be fully assessed and settled
2. Stabilisation of Injuries: Your injuries must be stable before a common law claim can proceed. This means your condition should not be expected to improve or deteriorate significantly over time. This stabilisation period can vary depending on the injury and required treatments
3. Complexity of the Case: The complexity of your case, including the number of liable parties and the extent of evidence required, can affect the timeline. Cases involving multiple parties or disputed liability often take longer to resolve
4. Insurer's Response: The response and cooperation of the insurer can also impact the duration. If the insurer disputes liability or the extent of damages, the claim may take longer to settle
5. Legal Processes: The legal processes involved, such as gathering evidence, medical examinations, and negotiations, can add to the timeline. If the case proceeds to court, this can further extend the duration

What Injury Recovery Support Can I Receive While Waiting for Claim Settlement

While waiting for your common law claim to settle, there are various support mechanisms available to help with your injury recovery. These include: 

Motor Vehicle Accidents (CTP Insurance)

• Rehabilitation and Medical Treatment: Under the Queensland Compulsory Third Party (CTP) insurance scheme, you may be entitled to funding for rehabilitation and medical treatment if you were not at fault for the accident. This includes services such as medical consultations, physiotherapy, psychological counselling, and vocational counselling
• National Injury Insurance Scheme Queensland (NIISQ): If you have sustained a serious personal injury, you may receive support through the NIISQ, which provides necessary and reasonable treatment, care, and support regardless of fault

Public Liability Claims

• Medical and Rehabilitation Expenses: Public liability insurance can cover medical treatment expenses, travel-related medical and rehabilitation costs, and the cost of domestic care. This support is available if you can prove that another party's negligence caused your injury

Workers' Compensation

• Statutory Benefits: Under the Queensland workers' compensation scheme, you are entitled to statutory benefits regardless of fault. These benefits include weekly payments as income replacement, lump sums for permanent impairment, and coverage for hospital and medical expenses
• Rehabilitation Programs: Workers' compensation laws require employers to participate in rehabilitation and return-to-work programs for injured workers. These programs aim to ensure a safe and early return to work, which can help reduce long-term disability

The Importance of Legal Representation

The duration of a common law claim in Queensland typically spans about 18 months, but this can vary based on several factors, including the severity of the injury, the complexity of the case, and the insurer's response. 

While waiting for your claim to settle, various support mechanisms are available to assist with your injury recovery, ensuring you receive the necessary care and support during this period. If you have any concerns or need assistance, it is advisable to seek legal advice from an experienced personal injury lawyer. Smith’s Lawyers team of compensation claim experts offer free online case reviews to help guide you through this process and receive the compensation you deserve. 

Having a skilled personal injury lawyer on your side can streamline the process. They'll:

• Strategically assess evidence to build a strong case.
• Navigate the legal complexities quickly.
• Actively push the claim through various stages.
• Negotiate firmly to protect your right to timely and fair compensation.

Smith’s Lawyers are experts in Queensland personal injury common law claims. All claims are run on a risk-free basis with no upfront costs.

Smith's Lawyers' expert workers compensation team offers risk-free assistance throughout Queensland, from Brisbane and the Gold Coast to the Sunshine Coast, Logan, Ipswich, and regional centres like Cairns, Toowoomba, Townsville, Rockhampton, Bundaberg, and Mackay.