When you’re injured in a motor vehicle accident in Queensland, which was not your fault, you are entitled to claim compensation. This compensation can take the form of medical treatment and rehabilitation paid by the CTP insurer, as well as a lump sum payment of damages. However, claimants need to be aware that Queensland CTP claims will usually take at least 12 months to resolve so that the lump sum compensation can be paid.
Injured people are often in a difficult financial position, particularly if their injuries are preventing them from working in the same capacity they did before the accident. Expensive medical and rehabilitation expenses also quickly add up, further increasing financial pressures.
When you start a CTP claim in Queensland, the insurer should agree to fund your reasonable and appropriate rehabilitation. While this takes some of the financial burden away, a reduction in income is also a common problem for injured people. The Queensland CTP compensation system does not generally provide lump sum damages to claimants until the settlement of their claim. This can lead claimants to consider settlements lower than they otherwise would, due to financial pressures. It is therefore important to have expert advice to guide you through this process and reach a resolution as soon as possible, while still obtaining the compensation you are entitled to.
The primary reason Queensland CTP claims often take more than 12 months to settle is that your injuries need to have reached maximum medical improvement before they can be assessed by a medico-legal expert. “Maximum medical improvement” or “stationary and stable” means that there is unlikely to be a significant change in your symptoms and their effect on you in the future.
Medico-legal assessments are organised as part of a CTP claim so that the relevant expert can provide their opinion on how your injuries are likely to impact your earning capacity, as well as provide recommendations for further treatment or assistance you may need. This is essential evidence to support a claim for compensation. The CTP insurer will also want to arrange medico-legal examinations with experts they have selected.
It is only once these medico-legal reports have been obtained that the parties can assess your claim to determine how much compensation should be paid. At this stage, a compulsory conference will be arranged so the parties can try to informally negotiate a settlement of your claim without commencing court proceedings. This conference usually takes place between 12 and 18 months after your date of injury.
If your claim does not settle at the compulsory conference, your lawyer will commence court proceedings on your behalf. If this is the case, your claim is likely to take another 9 to 12 months to settle. If the parties are still unable to negotiate a settlement, your matter may proceed to a trial. By the time all the procedural steps required to obtain a trial date have been completed, it may be 3 years or more since your date of injury.
While most CTP claims will take between 12 and 18 months to resolve, there are other factors which can increase the length of a claim. If there are liability investigations still being completed by the police or the insurer; if there are delays in being able to obtain medical, financial or employment records; or if you have complex physical or psychiatric injuries which take a long time to reach maximum medical improvement, the progression of your claim may be delayed.
It may also be the case that your claim could reach settlement in a shorter period. This may happen if your symptoms resolve in a matter of weeks or months. In these situations, it may be possible to resolve your claim without obtaining medico-legal reports, as these settlements are usually more modest in nature.
If you have ongoing symptoms and your injuries are affecting your work and recreational activities, your claim is likely to take at least 12 months to resolve. At Littles Lawyers, we understand the financial impact this may have on you, and we have systems in place to progress matters as quickly as possible, while also obtaining all the evidence you need to support your claim.
Please do not hesitate to contact us for an obligation free chat to see if we can help.
This article was written by Gail Blaber of Littles Lawyers. If you have any queries regarding the article, please contact via Free Claim Checker or email us.
