Category Archives for General FAQ Articles

Mansions Aren’t Made of Straw

Rowan was finally building his dream home.

The dream home he had imagined for years.

Years of sketching on books. Tissues. Newspapers. Whatever was in reach at the time.

“A patio at the back to smell the country air.

He would think.

“Rooms for little feet to run around in.”

“A kitchen to be filled with laughter.”

Rowan was dreaming of the perfect home.

After years of dreaming, he was finally ready to build.

But he soon discovered the saving wasn’t the hard part. Neither was the planning.

It was finding the right builder.

Finding a builder who was quick, yet safe. Cheap, yet experienced. Efficient, yet thorough.

He wanted a builder like the third little pig.

I’m sure we’ve all heard the story.

The one where the wolf huffs and he puffs and he blows the house down.

Well, he blows the first two houses down. The third little pig’s house stays standing.

The first piggy's house stood no chance.

The third house stayed standing because the pig was smart.

See, the first pig built his house with straw.

...It was the easiest thing to do. Who could blame him?

Wouldn’t you want to pick up the nearest thing and use that to build your house?

"What a great idea!"

Well, so the pig thought. Until he was eaten by the wolf.

The second pig was slightly smarter than his brother.

He picked sticks to build his house from.

Slightly heavier. Took slightly longer.

And whilst the house was slightly stronger, it was still not match to the big bad wolf.

The second piggy's house didn't stand a chance either.

Then came the third house.

The wolf huffed and puffed but he could not blow down that house.

It was built with brick.

Each brick coated in cement. Placed with the piggy’s very own trotters. Arranged strategically to be strong.

Knowing the wolf wouldn’t give up, he also built a chimney. And at the bottom of that chimney, he put a boiling pot of water.

With the lid off.

Sure enough, the piggy was right.

The wolf huffed and puffed and failed to blow the house down.

Not giving up, he scampered down the chimney and landed in the pot.

And that was the end of the wolf.  

The pigs were thankful piggy number 3 had been so smart!

The pig had built a mansion with bricks and a hint of strategy.

Project management strategy, to be precise.

The third little piggy had a plan. He had a deadline. He had a strategy. He knew what would come next.

He built his house accordingly.

And he ended up with a brick mansion.

Rowan wanted nothing less than that.

He wanted a builder who knew what he was doing.

He wanted a builder who knew what was going to happen. Before it even happened.

He wanted a builder who would stick to a deadline.

He wanted a project managed builder.

He knew if he settled for anything less, he was asking for trouble.

He would be accepting a half-done job. High Prices. Wasted resources. Exhausted deadlines. The lot.   

This was the house he had always dreamed of.

And he wasn’t prepared to throw that away.

Not with the wrong builder.

So when it came to hiring a compensation lawyer, his story was no different. 

He had dreamed of a successful, safe future. He wasn't going to risk losing control of that by using a lawyer who builds his house of straw or sticks.

No, he wanted a lawyer who would build him a mansion from bricks. And he settled for nothing less.

Because that's what he deserved. Control over the quality of his house. Control over the quality of his claim.

If you too want control over your claim, keep reading below.

Monster’s Don’t Get to Live Happily Ever After

Dexter had always known.

He had always known what lay beneath the surface of his skin.

There was, of course, Dexter. Husband. Father. Hard worker. Dedicated. Blood splatter analyst by trade.

But there was room for one more. Cold blooded killer.

The marvelous, masculine Dexter.

The meticulous, murderous Dexter.  

Cunning and painstakingly thorough, no one would ever get past his murderous alter-ego.

No matter how hard they tried.

He was a killer. He would exact vengeance on the people who deserved it. He would punish those who had escaped the law.

He let no being slip between the lines of what is right, and what is let go.

Killing only killers, his alter-ego follows a code of ethics:

  • He can only kill people after finding absolute evidence that they are guilty.
  • Secondly, and most importantly, he must not get caught.

His alter-ego has a system more scrupulous than the judiciary system that let them walk free.

The ritualistic manner of each kill had a plan. A plan so bulletproof he could never get caught.

He covers every track.

He thinks of every risk. He foresees what could go wrong. And prepares for it.

He is where he says he will be, when he says he will be there. He is punc​tual.

Calculates the risk.

Plans. Plans. Plans.

He has complete control of every step of the way.

And his planning stops anyone escaping the law.

Because no one should be allowed to walk free when they’ve done wrong.

And everyone should use a Dexter when they’ve been done wrong by.

No not the cold blood killing Dexter.

The Dexter who uses a plan so scrupulous everyone pays for what they’ve done.

A Dexter who holds them accountable for the pain they’ve cause.

A lawyer.

A lawyer who uses the most methodical plan. Runs a leak-proof ship.

A lawyer who has complete control over the outcome.

If you want complete control over the outcome, keep reading below.

Fear Can Hold You a Prisoner

Andy was an honest man.

Straight as an arrow. Vice president of the bank. Husband. Inmate number 37927.

Inmate number 37927 at Shawshank State Penitentiary.

We all know his story.

He was a successful young man, living in the early 1900’s. He married his wife in the late 1930’s. By 1947 he wasn’t her only man.

His wife started taking golf lessons with Glen Quentin. A respectable man. So he thought.

It didn’t take long for an affair to spark. Andy knew. He knew every bit of what was going on. He was smart. He was certain.

Yet his wife denied everything.

He had no choice but to confront the pair.

He arrived at Glen’s house late one night. Stumbling, slurring, drunk.

He stood on the dark street. His car was holding him upright. He could see a bedroom, second level, on the right, at the front. The light was on. His vision was blurred, but what was happening was clear.

Revolver in hand, Andy had every intention to end it then and there.

But he didn’t.

Standing outside, he opened the car door. Threw himself back into the driver’s seat. Turned the keys in the ignition. Listened to the grumbling engine. Rubbed his eyes. Pushed the pedal to the ground.

And left the revolver.

When someone else broke into Glen’s house and murdered the pair, Andy became the first suspect. He had, after all, left his revolver at the scene.

Andy was sentenced to two life sentences at Shawshank State Prison.

Andy's outlook was as bleak as Shawshank Penitentiary

50 years. 18,250 days. 18,250 painstakingly slow days. 438,000 hours in an electric fenced, old cement confine.

All for something he didn’t commit.

The 19 years of his life were to be nothing short of a whirlwind.

Targeted by the prison gang, Andy was subject to beatings. Rapes. Random attacks.

He struggled to make many friends, but made one so great. The rest didn’t matter.

His name was Red.

And while Andy and Red chatted one hot, sunny day, they overheard a guard discussing tax matters.

As the former vice president of a bank, Andy knew a thing or two about tax.

He piped up. And immediately he was enlisted to help the warden and guards with their finances.

Serving as the prison’s accountant, Andy was exempt from manual labour. Harassment too.

But when word got out that an inmate knew who actually killed Andy’s wife, things changed.

Andy lost all of his control. They robbed him of the small amount of rights he had been left with.

They sent him to the infirmary.

The infirmary was for the worst of the worst.  

See, the taxes Andy had been doing included laundering money for the warden. And the warden didn’t want that to stop.

He had set up the best business of the 1950’s. A public service program where prisoners were to work outside the confine. Great for the prison appearance.

They were cheaper. Everyone would hire them. And the warden made a killing.

They were inmates. The minimum wage didn’t apply to them.

The warden got to pick their rate. Their pay. And his income.

The warden killed anyone who knew the truth about Andy’s wife’s murder.

The truth that he was innocent.

And in 1966, Andy escaped.

19 years of tunnelling with a rock hammer. And it all paid off.

He waited for a stormy night. One where the thunder could mask any noise. One where the rain could wash away any evidence.

He finished up his final day of accounting. He left with the warden’s shoes and one of his suits.

He had been hiding his rock hammer in a bible. He switched that for the warden’s ledger too.

The plan was scrupulous. A rope from Heywood. A plastic bag filled with the ledger. The records. A bar of soap. The stolen suit. And the shoes.

Andy pulled down his poster of Raquel Welch.

The hole was only just big enough to fit Andy and his stolen goods.

19 years it had been the gatekeeper to his secret. The key to his escape.

He crawled through his tunnel. He arrived at a sewerage main. And in unison with the thunder, blew the pipe open.

The next 500 yards were spent wading through sewerage.

500 yards and then he was there. A river. Freedom.

He ripped off his inmate clothing. He cleaned himself with the soap. And he changed into the stolen suit and shoes.

The suit that would get him closer to justice.

He waltzed into a dozen banks the next day. Posing as Randall Stephens (his fake entity to launder money), and he withdrew $370,000 of the Warden’s money.

And he didn’t stop there.

Andy mailed the evidence of their financial crimes to the local newspaper.

The story was published and the captain was arrested immediately.

Andy crossed the Mexican border.

He settled down on a deserted beach. He started a hobby. Boat building.

And when Red was released a few months later, he joined Andy.

I find I'm so excited I can barely sit still or hold a thought in my head. I think it's the type of excitement only a free man can feel. A free man at the start of a long journey.

It was a long road to freedom for the two. And neither were certain it would be given to them. But they were certain they would make it happen.

In the face of indignity, Andy never fell down.

Even when everything went wrong.

He had lived a successful life. A happy life. And it was all ripped away from him.

He was labelled a murderer. Envious. He was spat on and despised. People saw him as a grub.

But he never stopped pursuing what he was owed.

And he never let the captain and warden get away with what they had done to him.

They had robbed him of his liberty. They had robbed him of his control.

And nobody should be robbed of their control.

Everyone has the choice to be an Andy. To get what they deserve and hold the other person accountable.

Hold the warden and the captain accountable for what they did to him.

So when Jackson was hit by another driver, he sat. Thinking.

He had the choice to let the insurer brush him under the carpet like the judiciary system did to Andy. Or he had the choice to rise like Andy and take what he deserved.

Because after all, Jackson had done nothing wrong. Just like Andy, too, had done nothing wrong.

Jackson found his Red. 

His friend, his mate, his guide through this part of life.

He found himself the right lawyer. Someone who’s been through this before. Someone who’s fought a thousand fights and still stands. Someone who knows their way to freedom.

And once he found his Red, he found his control. Control of the situation he had never asked for. Never deserved.

If you want to take your control back, keep reading below.

Be a Beauty in a World of Beasts

We’ve all been there.

When somebody thinks we’ve done something we haven’t.

Or when they think we’re somebody we’re not.

Much like Prince Adam. The Beast.

A fine, young prince. Transformed into an ugly beast for his simple minded judgments. Punished for only seeing the outward appearance on the outside and not within.

He became what he once hated, and he was definitely less than desirable. Everyone would run from him. Be terrified. Turn their noses up.

They judged him for what he appeared to be. Not what he actually was.

They thought he was something he was not.


Except for one young lady. Beauty.

Beauty gave him a chance. Even though she said he was ugly. She thought he was terrifying. She was intimidated and unsure.

She stayed in a castle with him. And while he looked as terrible as the rest of the beasts. While he looked uglier than most, actually. While he looked just as terrifying as the rest. She was certain of one thing: he was a good one.

He treated her with care. Showered her with breakfast, a bed, and roses. Put her on a pedestal.

No matter what people thought he was, she knew he was a good beast.

What was on the surface didn’t matter.

It didn’t take long for Beauty to see the good in Beast’s heart.

She realised his intentions were pure. He was not fooling her. He was not tricking her.

Deciding she wanted to marry him. She wrapped her arms around him in a hug and closed her eyes.

But when she opened her eyes, the Beast had disappeared.

What stood before her was a fine young man. Well dressed, with dark brunette hair and eyes even darker than that. They twinkled.

Upon asking where the Beast was, he uncovered it was him.

Prince Adam revealed the curse. He was the Beast.

It didn’t matter what he was seen as. He remained the same, pure-hearted gentleman Beauty had gotten to know.

It was what was on the inside that mattered. Not the outside.

When his appearance was uncovered, the women of the town were disappointed.

All this time they had assumed he was as terrible as the other beasts. As greedy as the other beasts. As predatory as the other beasts.

Their assumptions and stereotypes cost them royalty, fortune, and a happily ever after.

And Beauty, who ignored what everyone else said, was the real winner. She got more than she had ever imagined in her happily ever after.

Of course, Beast was too. Someone had finally seen past the curse and trusted his goodwill. His pure intentions.

Pure intentions like that of a car salesmen.

NO, not the one trying to sell a beat up ’94 Falcon with rust on the engine as ‘the best car money could buy.’

The one selling the 1.25L demo-model Barina Spark to the 16 year old buying her first car. Low fuel cost. Low parts cost. Low repair costs for any first car bumps and scratches.

Or the one calling all other dealerships to find someone the best model possible, not just what they have left to sell.

The one selling the best ANCAP safety rated car to an expecting couple.

Sure, they are all there to make money.

BUT not all are there to rob people of their money.

Some are Prince Adams, cursed by stereotypes and perceived as beasts. Some are still pure-hearted.

And some, most, really are just beasts.

But it’s those who make informed judgments, who do their research and pick the Prince Adam of car salesmen that win. The Beauty’s of the world.

It’s those who make informed judgments, who do their research and pick the Prince Adam of car salesmen that win. The Beauty’s of the world.

The Beauty’s that had no idea what an ANCAP safety rating even was. Or what an RACQ vehicle inspection is. Or that 14L/100km is an oil guzzler.

The Beauty’s that fight the negative publicity, the stigma, and fight past the curse to find the right salesmen.

The Beauty’s that end up with a Hyundai Santa Fe when they entered for a Mitsubishi Outlander. All for the same price.

The Beauty’s that have total control over their car and money, not even needing to finance.

If you want total control over your money, continue reading. 

Insurance is the Bread and Butter of Certainty

Naomi was sick of her phone. 

Like really sick of it. It broke after two years. What crock!

She wanted to upgrade to the next model. But they insisted that her phone was too ‘damaged’.

It had only been dropped in a toilet three times. Run over. Thrown down the stairs. Spent a night or two in eskies.

She was angry she couldn’t return the phone in its condition. She would have to pay upfront for her new plan. But when they mentioned stress-free protection for any damages, her ears perked up.

“If you pay just $15 a month over 24 months, you could throw your phone off a cliff for all we care! Just pay $99 and we’ll give you a new one! No hassles! No questions asked!”

"And for an extra $5 per month, you'll be covered for bumping into things while staring at your phone!"

Naomi was amazed.

She signed up immediately. Who wouldn’t!

She waltzed out feeling confident. Stress-free. She was insured.

She knew she would have control over her finances even when she lost control of her phone!

The following two years were an adventurous two years for the phone. It included a couple of swims in the Pacific, another trip to the toilet, and a smashed screen or two.

But it was not a worry! Naomi had control of her finances. Naomi had insurance.

She made a claim each time and paid the small fee to have it repaired. And it was much cheaper than buying a brand new phone!

Naomi was smart and accessed the money she had paid to the insurer.

Just like Braxton was smart.

He went on a ski trip with friends. Aspen, Colorado. The big smoke. Perisher had nothing on it.

Unfortunately Braxton hadn’t even been to Perisher before. In fact, he hadn’t been to any snowy mountains. He had never been skiing.

But Braxton was determined to match his mates’ skill and speed. When they all decided to take on a jump, Braxton didn’t second guess it. He was doing it.

And he did it.

The jump bit at least. The landing he didn’t. Well, not correctly.

He landed on his hip. His arm stretched out to protect him. His humorous was instantly shattered.

His spine fractured. His head, home to an unshakable ache.

The skiddoo came along and clean him up. He was rushed to the hospital. And in America, that’s expensive.

Braxton immediately contacted his travel insurance.

And was thankful he did.

He was spending overnights in hospital and the bills were piling up quickly. He had to leave his friends and he ended up having surgery over there.

Since he was under 21, his insurer flew his mum all the way from Sydney to Denver.

His mum’s accommodation was all taken care of.

And it didn’t stop there. With his fractured spine he required a reclining seat to fly home on.

His insurer flew him AND his mum home in business class.

And this was after he missed his original flight home. They covered all the costs.

"I need travel insurance... starting 1 minute ago..."

One would think he had the highest level of insurance.

But he didn’t.

Braxton just had the free insurance that came with his credit card. A credit card that he paid premiums on to have that cover.

So when he broke his arm and fractured his spine, there was no doubt about it. He was either going to be $250,000 out of pocket. OR he could access the money he had been promised if in need for an emergency.

Of course he picked the latter.

He might not have had control of his skis. He might not have had control of the crash. But he had control of his next step.

Just like Chantelle had control too.

When her house went under in floods.

She lost everything, but she gained it all back. She accessed the money she had been paying premiums on for years.

Because that’s what insurance is there for.

"This is a fine time to remember you forgot to pay our home and contents insurance!"

To ensure you can cover unexpected costs, loss, or damage when they occur. To ensure you can control the uncontrollable.

Like the uncontrollable damage of storms in Queensland.

Particularly the supercell that swept over Brisbane in late 2014. It threw down golf-ball-sized hail, destroying houses and cars in its path.

Thousands of Queenslander’s made an insurance claim.

64,000 Queenslander’s to be precise.

The estimated insurance loss was $1 billion from payouts. Nearly every car claimed against was written off by insurers.

And people were celebrating.

Most of them had an agreed value on their cars, not market value arrangement. Meaning most were making money off their insurance payouts.

We take out insurance for certainty. Certainty that we can control the unexpected.

When our phones unexpectedly break, we are certain we can pay for repairs.

And when our arms unexpectedly break on a ski trip, we are certain we can pay for care.

And when our houses unexpectedly go under, we are certain we can pay for reconstruction.

And when our cars unexpectedly get damaged, we are certain we can pay for a new one.

So when we pay our CTP insurance, we are paying for certainty.

Certainty that if something unexpected happens to us on the road, we can pay for damages.

Certainty that we can control the outcome, even if we lost control in the crash.

If you want to regain your control, keep reading below.

Dependency Claims

The death of a loved one is never easy. From paperwork to planning, between sadness and sorrow, we can all agree that making a compensation claim is the furthest thing from anyone’s mind.

Financial burden is one of the most prevalent struggles when mourning a loss, particularly when family members are partially or wholly financially dependent on the lost life.

In this instance, family members may be entitled to a ‘dependency claim’ if the life was lost due to another’s negligence.

who can make a dependency claim?

A dependency claim can be brought if a family member was financially dependent on the deceased by way of either direct income or services the deceased person provided. The relevant Act defines family as:

  • Spouses, including defactos
  • Parents
  • Children
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    Grandparents
  • Grandchildren
  • Step-parents
  • Step-children
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    Guardians

limitations

Recoverable damages in these claims are limited to the loss of financial benefits that each independent had reasonable expectation of receiving from the deceased.

 Damages cannot be awarded for the sorrow, grief, or emotional distress of the dependent.

considerations

  • Financial benefits previously received by the independent
  • The deceased’s earnings and earning capacity
  • Special needs of the dependent
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    Loss of services
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    Shared benefits

Funeral expenses can also be covered in dependency claims.

important

Claims for loss of dependency carry time limitations. In addition to this, other, relevant schemes must also be adhered to depending on the aspects of the case. These may include the Motor Accident Insurance Act (1994) and the Work Cover Queensland Act (1996).

As such, these types of claims can be complicated, confusing and time consuming. 

Written by Ashley Tulley | Chief Commercial Officer

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Compulsary Third Party Insurance Claims

We can all agree that insurance claims can be complicated. We’re here to make that easy.

Did you know that any person injured in a motor-vehicle accident due to the fault of another vehicle can make a CTP claim?*

what if i was partially at fault?

You may still be entitled to claim! In this instance the amount of compensation you are entitled to may be reduced.

An injured person cannot claim compensation under the legislation if:

  • The injured person was totally at fault
  • Nobody was at fault
  • The person at fault was not the driver or owner of a motor vehicle protected by the CTP insurance policy

The tricky bits

Sometimes when things seem bad, they only get worse. You’ve had an accident and want to make a claim, but the motor vehicle at fault is unregistered, uninsured, or unidentified.

Not to worry, you could still have a valid claim. In this instance an entity known as the ‘Nominal Defendant’ can be enlisted to ensure the already disadvantaged are not disadvantaged further.

nominal defendant

The Nominal Defendant is a Queensland body created under the Motor Accident Insurance Act 1994 (Qld) that acts as a compulsory third party (CTP) insurer where a negligent driver’s motor vehicle is unidentified and/or does not have CTP insurance.

It is important to note, however, that different limitation periods and restrictions are placed on such claims.

in any situation

You, or a loved one, should seek legal advice from a compensation lawyer if involved in a motor vehicle incident. Strict and varying time limitations can often be missed by the everyday citizen, and the amount of compensation you are entitled to can vary greatly depending on the legal representation you obtain.

Let me guess... you don't want a lawyer?

That’s your choice, and that’s okay! But it is risky.

Insurance companies have years of experience. They have tens, if not hundreds of professionals employed. They are quite literally experts at rejecting claims​!

This means you are one of hundreds, maybe thousands, trying to tackle a team of professionals on your own. Even in a successful claim, you are likely to receive less than the full compensation potential. 

It's important to remember

Once you accept an offer from the CTP insurer, there is no second bite. You are stuck with that payout.

It is always recommended you seek legal advise from compensation experts following a motor vehicle accident. They will ensure you accept nothing less than the maximum payout you are entitled to.

They are experts in understanding every aspect of maximum compensation, including:

  • Pain and suffering
  • Past and future economic loss
  • Loss of superannuation for both past and future
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    Medical and rehabilitation expenses for both past and future (this can include any required surgery or medication and travelling expenses to and from medical appointments)
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    Gratuitous care and assistance provided by family or friends as you have been unable to perform your previous household chores and duties (for both past and future) 
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    Commercial assistance you may require (for both past and future)

Protect yourself and your loved ones today – know when to seek legal advice.

Written by Ashley Tulley | Chief Commercial Officer

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*in Queensland under the Motor Accident Insurance Act 1994 (QLD)

Time Limits – How long do you have to claim compensation?

Ashley Tully

Chief Commercial Officer

We see it time and time again, people with legitimate compensation cases but they are past their limitation period and therefore unable to make a claim.


 It pays, literally, to know when your time limit starts and stops.

Some claimants may be aware that there are time limits to lodging a claim.

But, if we are frank, it can be difficult to know which applies to your case.  

The legislation can be confusing and different rules apply to each unique circumstance.

Below we have summarised a comprehensive list of different personal injury scenarios.

What are time limits?

Every state has a law, known as the statute of limitation, that restricts the time a person who has suffered injury has to sue.  

How long do you have in Queensland?

For adults claiming personal injury compensation? 

We are going to throw in some legal jargon to help explain this, but bear with us, it will be quick!

According to the Limitations of Action Act 1974, Section 11, a claim for negligence or breach of duty “shall not be brought after the expiration of 3 years from the date on which the cause of action arose”.

Within personal injury claims the 'cause of action’ is the date of your accident or the date you suffered your injuries.

So, the general rule for adults is you have 3 years from the date of the incident to begin court proceedings.

This rule applies for claims for motor vehicle accidents, public and private accidents such as slip and falls, product liability accidents and work cover accidents.

What most articles on time limits don’t tell you is that you have to complete a number of important tasks BEFORE you begin court proceedings.

If you fail to complete these tasks in time you could be left unable to claim.

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What are these tasks?

Different types of claims must abide by different pieces of legislation, but every claim must go through some sort of pre-court proceedings.

So, you need to have completed a number of tasks by the three-year mark for your claim to be valid. 

These tasks include:

  • Lodging your notice of accident form
  • Receiving a response from an insurer (if there is one) that confirms they are responsible for the at-fault party
  • Complete investigations that confirm the at-fault person’s liability and the extent and impact of your injuries
  • Participate in a compulsory conference (a settlement conference between you and the at-fault party or their insurer)
  • Exchange mandatory final offers with the at-fault party (or their insurer)

If you haven’t done all of the above by the third anniversary of the accident, you may be prevented from making a claim.

It’s a long list and if we are honest, it can take a little while to complete.

That’s why you will often hear these lawyers pleading for people to start their claim as early as possible.

There are exceptions to the rule which will cover later.

What about for children?

Rules that govern claims for children are different from those for adults.

The three-year limits still applies but the clock starts from their 18th birthday.

That means for accidents that occur when the person is under the age of 18, they have until their 21st birthday to begin their court proceedings.

What about for seriously injured people?

The government has also set in place a law that allows those with serious injuries to bring a claim at any time following their accident.

That is, those whose injuries prevent them from being able to give adequate legal instructions (such as those with acquired brain injuries), have no limitation period.

Are there any circumstance where time limits can be extended?

Yes, in special circumstances extensions to may be granted. An application will need to be made to the Courts to grant you an extension.

When deciding whether the injured person can receive an extension, the courts will consider the following:

  • The length of the delay in bringing forth a claim
  • The reasons for the delay in bringing forth a claim
  • The nature and extent of the patient’s injury
  • If the injured person obtained or tried to obtain medical, legal or other expert advice

However, it is solely at the court’s discretion as to whether your extension will be granted.

It may also make it difficult to find a lawyer who with take on your case past its time limits. People should not rely upon obtaining an extension, as they are not always easily granted.

There are also time limits on when you can notify the insurer that you will be bringing a claim. 

These limits are much shorter. So it’s really important you are across these dates.

A claim can commence outside this time frame but you must provide a reasonable excuse for the delay to the insurer.

Examples of some frequently used reasons for delay include:

  • The injured party didn’t know they had the right to make a claim
  • Their injuries hindered their ability to begin the notification process
  • The person didn’t realise the extent of their injuries until after the time limit expired
  • The person’s circumstances have made it difficult for them to communicate with their lawyer or take certain steps
  • minus
    Personal reasons delayed the process

And unfortunately, it’s at the full discretion of the insurer to accept your excuse or not.

We all know insurers are great at finding an easy way to avoid paying up.


Don’t give them an opportunity to shirk their responsibilities

Ashley Tulley

Chief Commercial Officer

Getting some legal advice may help you determine what a ‘reasonable excuse’ is.

Below is a list of the different notification periods based on each type of accident.

Accidents involving a motor vehicle

If you have the details of the at-fault driver and their insurer, then a Notice of Accident Claim Form must be lodged either:

  • within 9 months of the accident
  • or within one month from your first consultation with a lawyer

... whichever comes first.

Accidents in a public or private place or product liability claims

These follow the same rules as motor vehicle accidents. You have either:

  • 9 months from the date of the accident
  • or 1 month after your first consult with a lawyer

... to notify the at-fault party or their insurer. 

Hit and run accidents

In cases where the at-fault driver couldn’t be identified or does not have CTP insurance, you need to bring a claim against a body called the Nominal Defendant.

Beyond the Jargon

Click to reveal it's definition

Nominal Defendant

Where the insurer is the Nominal Defendant, notification of a claim must be made within 3 months of the accident.

This time limit is very short, so don’t delay in starting the process.

Workplace accidents

If you are injured at work you must lodge a claim within 6 months of the date of injury with WorkCover.

A claim lodged after 6 months will only be accepted where it can be shown that there was a mistake, you were absent from the State or have another reasonable cause.

Starting a claim doesn't mean you have to finish it. 

Starting the process of notifying the insurer can protect your legal rights to make a claim.

Consider starting a claim for compensation while you decide whether it’s an avenue that you wish to take.  

Written by Ashley Tulley | Chief Commercial Officer

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Part 3: How much is my claim worth? – Medical Expenses

Ashley Tulley

Chief Commercial Officer

Medical Expenses are a crucial part of all claims for compensation. 


Why? Well apart from the obvious fact they pay for the cost of any medical treatment...


... compensation for medical expenses allows you to recover to your fullest extent as it removes the stress of working how how you are going to afford it.


It also gives you access to the tools needed to get back on with life, if you are unlikely to make a full recovery. 

We are continuing our four-part series on discovering the areas that your can claim under. 

Understanding these areas, will allow you to estimate how much your claim is worth. 

In this article, we unpack what medical expenses you can claim for, some example claims and the evidence you will need when approaching the insurers.

Don't forget to read  Part 1 on future economic loss and Part 2 on care costs.

What are medical expenses?

Without stating the obvious too much, medical expenses relate to the costs of rehabilitation following an injury.

The expenses include both past fees that were already paid for, as well as future medical costs.

Discover how much your claim is worth using our FREE Claim Worth Calculator©

Get our FREE calculator and receive:

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    5 step by step, simple to follow instructions to give you a single payout figure.
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    You Can Take All The Time You Like To Answer The Questions At Your Own Kitchen Table - The Claim Worth Calculator© Puts You In Complete Control.
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    Once You Have A More Concrete View Of What Your Claim Is Worth You Will Have Eliminated All Of The Doubt Of Not Knowing What To Do Next.
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    Applies the law of negligence to your unique situation and informs you of your legal rights

How much can you claim?

As is the case in every other area of compensation, the amount that can be recovered will vary depending on the individual’s treatment plan and care needs.

Some real-life case examples have been provided.

Example 1 - Slip & fall, permanent brain injury

Sarah, a 20-year-old student, was grocery shopping on a Sunday evening. As she was walking towards the fridges carrying various objects she slipped and fell on a puddle of water. Sarah hit her head on a display shelf as she fell causing significant brain injury, among other injuries. Sadly, she lost the capacity to walk, has difficulty speaking and has substantial memory deficiencies now. 

Sarah now requires assistance with feeding, toileting and bathing. All movement around her house, getting in and out of bed, and any daily errands will need help from another person. She needs round the clock care.

Sarah requires significant and ongoing treatment including physiotherapy, nursing assistance and others. She also needs the help of various technologies including a wheelchair, specialised computer and electronic environmental controls. To facilitate her independence, she also required to have significant home modifications to make room for her wheelchair and enhance her abilities to access the bathroom and kitchen.

Because her life was irrevocably changed at such a young age and she required significant ongoing treatment and assistive technology, Sarah was awarded $409,000 toward her medical expenses.

Example 2 – pedestrian accident, ongoing hard damage

Adam crossed a busy street at a pedestrian crossing to collect his morning coffee. As he stepped out onto the street, a car came speeding around the corner. Adam flew into the air as the vehicle slammed into him.

He landed heavily on the road, breaking his left ankle in the process. The significant impact also caused nerve damage to his right arm. After much rehabilitation, Adam's nerve damage causes him constant pain. He required significant dosages of painkillers, and his doctor expects that this will be needed well into the future.

Adam was awarded as part of his compensation a total of $32,496 for the cost of his past and future medical expenses (including medical appointments, medications and rehabilitation treatment).

What can you claim?


Some typical medical expenses that are included in a compensation claim include:

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    Hospital bills
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    Diagnostic testing expenses (laboratory fees)
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    Surgery costs
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    Therapy and rehabilitation costs
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    Costs of prescription medicines
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    Costs of future home modification
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    Costs of any assistive technology required (crutches, wheelchairs, modified cars etc.)
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    Pain and suffering management

Medical expenses can, therefore, be very extensive, especially if the injured party has to continue treatment for recurring medical problems.

For this reason, it's essential to be very thorough when documenting injuries in your claim file so that it is possible to calculate damages to account for future problems.

It is also important to attend all medical appointments or therapy sessions.

What evidence will you need?

Proving these expenses may require the help of an expert medical professional. Usually, thorough documentation is needed to calculate the total costs of medical treatment. These may include the presentation of various items of evidence in court, such as:

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    Tax invoices or receipts for any medical treatment (including hospital, outpatient care, private treatment)
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    Pharmaceutical bills; or
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    Any other documents showing the costs of the medical expenses

Want to know how to build evidence pressure and win your injury claim without using a lawyer

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    Applies the law of negligence to your unique situation and informs you of your legal rights

Keeping a clear record of items related to your injury is paramount to maximizing your compensation amount.

As the old bible saying goes – Ask, and you shall receive.


There are many cases we have seen where critical medical expenses have been left out of a person’s compensation because of inadequate documentation, or they just forgot to include it.


It is crucial to gain expert advice from an occupational therapist and doctors on likely requirements you will need in the future.


Small expenses such as assistive technology and home modifications are often overlooked but can be so important to an injured person’s quality of life.

Ashley Tulley

Chief Commercial Officer

Keeping a record of the medical expenses (treatment costs, medications, assistive technology) you had due to your injuries is very important, as it can mean the difference between having a claim for care and assistance, or not having a claim at all.

Keep a spreadsheet that details the following:

  • Type of service or item
  • Service or item provider (doctor surgery or pharmacy)
  • Date of service/purchase
  • Cost of service/item
  • Will the service/item be required in the future and how often

To help ensure that you maximise your damages, keep in mind the following helpful tips:

  • Buy all of your prescriptions/dressings/painkillers etc. from the one pharmacy and ask your pharmacist to record all of your purchases.  When it comes time to claim your damages, you can simply obtain a printout from the pharmacy;
  • Keep receipts for any purchases that you have made;
  • Photocopy or scan those receipts, in case they get lost or destroyed;
  • Consistently fill out the table as each service is provided.

Next steps...

Don't miss out on other aspects of your claims...

...read the other blogs in the series below.

Part 1: How much is my claim worth? – Future Economic Loss
Ashley TulleyCheif Commercial OfficerMost people have heard of personal injury claims but very few would understand what quantum is.…and they[...]
Part 2: How much is my claim worth? – Care Costs
Ashley TulleyChief Commercial OfficerCare costs can be the single most significant component of a claim. Particularly when the injured party doesn’t[...]
Part 4: How much is my claim worth? – Pain & Suffering
Ashley TulleyChief Commercial OfficerIt is a significant part of a compensation claim.Particularly for those who cannot claim wage losses.For stay[...]

Written by Ashley Tulley | Chief Commercial Officer

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Part 4: How much is my claim worth? – Pain & Suffering

Ashley Tulley

Chief Commercial Officer

It is a significant part of a compensation claim.


Particularly for those who cannot claim wage losses.


For stay at home parents, retirees or the unemployed, pain and suffering often comprises the most considerable part of a compensation claim.

We are back again with the final part of our four-part series on quantum or how much is your claim worth.

As discussed in Part 1, Part 2 and Part 3, many factors influence the amount of compensation a person can receive.

In this article, we learn about the final factor (or head of damage in legal-speak), known as pain and suffering.

For the injured person, the suffering post-incident can feel like it has the most significant impact on their life.

The hardest part is quantifying that intangible pain left after an injury. While difficult, it shouldn’t be overlooked.

Discover how much your claim is worth using our FREE Claim Worth Calculator©

Get our FREE calculator and receive:

  • check
    5 step by step, simple to follow instructions to give you a single payout figure.
  • check
    You Can Take All The Time You Like To Answer The Questions At Your Own Kitchen Table - The Claim Worth Calculator© Puts You In Complete Control.
  • check
    Once You Have A More Concrete View Of What Your Claim Is Worth You Will Have Eliminated All Of The Doubt Of Not Knowing What To Do Next.
  • check
    Applies the law of negligence to your unique situation and informs you of your legal rights

What are pain and suffering damages?

Pain and suffering damages (aka general damages) refer to an award given by the court to the plaintiff for physical and emotional pain due to injury, illness, or loss.

These damages are not the same as economic damages, which reimburse the injured person financially but are meant to assist them with the pain inflicted after an incident.

What are some examples?

Typically, claims for pain and suffering are for such things as:

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    Actual pain and suffering experienced
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    The pain and suffering you will encounter in the future
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    Loss of enjoyment of life
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    The inability to participate in your pre-injury sports, hobbies, education and recreational activities
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    The shortening of your life
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    Grief over the death of a loved one

Unfortunately, just because you may have experienced pain and suffering does not mean you will necessarily be entitled to compensation for it.

How is pain and suffering proven?

In and of itself, the pain and suffering of an individual can be subjective and very difficult to prove.

Medical experts are typical witnesses in these cases and often pivotal to a cases success.

This is because they can determine the impact the injuries may have had on the injured person's livelihood. They can do this based on an Injury Scale Value (ISV) scale (see below).

However, the court takes into consideration other factors in its analysis, including:

  • The extent of the injury, as well as the medical diagnosis and prognosis.
  • Length of time that the symptoms have been presenting.
  • Physical or mental limitations in the plaintiff’s daily life (e.g., work, school, everyday tasks).
  • Accounts of other individuals with similar injuries, and the extent of their reported pain and suffering.

Want to know how to win your claim with your own medical records? 

Get our FREE checklist and receive:

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    14 Assessment Checklists & 160 Injury Point Evaluations, Broken Down Into 
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    16 Pages Of Clear Simple Steps To Totally Automate Your Claim
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    Eliminate Hassle And Make The Painful Process Painless By Streamlining Your Doctor's Testimony
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    Gain Complete Control Of Your Injuries Claim, With In-Depth Examinations To Maximise Your Compensation Included In Our Straightforward Checklists

How much can you claim?

More on the ISV Scale…

Without getting to complex, the ISV scale is used to calculate Pain and Suffering Damages in Queensland.

The scale regulates the award given for the areas of compensation based on the individual's level of injury.

Each injury has a corresponding ISV range. For example, a minor injury such as whiplash might have an ISV range of 5 – 10. Whereas, a severe injury such as quadriplegia may be at the top of the scale at 100.

Medical experts can help determine where a person might sit on this range.

Once the ISV range is known, then that range corresponds to a monetary amount on the scale.

For general personal injury claims (i.e. motor vehicle, pedestrian, slip & fall, product defects), your ISV range can be determined from the civil liabilities act Schedule 4.

However, if the incident occurred at work, your ISV range can be determined from the Worker’s Compensation and Rehabilitation Regulation at Schedule 9.

These can be very subjective and confusing, so we recommend seeking expert advice before lodging any claim.

Tips for maximising your settlement amount.

When filing a claim that involves pain and suffering damages, you may wish to follow these guidelines:

  • Try to be as specific as possible when presenting your condition- vague conditions that can’t be proven will not result in an award of compensation
  • Make a log of your injuries before and after the incident - this will help to determine how your pain and suffering is related to the event, whether it be a car accident, slip and fall case, or another type of personal injury
  • Keep all written legal documents, such as police reports, medical receipts and bills, pay slips, and other records that can be used as evidence

Finally...

Be sure to read up on the other areas of compensation available to you to maximise your overall settlement amount. Click the links below to read them all.

Part 1: How much is my claim worth? – Future Economic Loss
Ashley TulleyCheif Commercial OfficerMost people have heard of personal injury claims but very few would understand what quantum is.…and they[...]
Part 2: How much is my claim worth? – Care Costs
Ashley TulleyChief Commercial OfficerCare costs can be the single most significant component of a claim. Particularly when the injured party doesn’t[...]
Part 3: How much is my claim worth? – Medical Expenses
Ashley TulleyChief Commercial OfficerMedical Expenses are a crucial part of all claims for compensation. Why? Well apart from the obvious fact[...]

Written by Ashley Tulley | Chief Commercial Officer

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