Get the compensation you deserve
If you’ve been hurt — whether at work, on the road, or because of someone else — chances are, you want to understand your rights. That’s why we’ve put together this guide to personal injury claims, so you can see whether you have a claim and how much compensation you could receive.
Importantly, this guide is no substitute for personalised legal advice. To fully understand your rights, speak to one of our expert personal injury lawyers today. In a free consultation, we’ll break down everything you’re entitled to and the best strategy for winning your claim.
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Types of personal injury claims
We have over 25 years’ experience handling personal injury claims. Here are some of the most common we’ve encountered. Depending on your situation, you may be eligible for more than one claim.
How much compensation will I receive?
You may receive compensation to cover:
- Lost income and superannuation (both past and future).
- Hospital and medical expenses (both past and future).
- Professional care.
- Support provided by family and friends.
- Loss of capacity to care for a dependant.
- Pain and suffering (the negative impact of the injury on your life).
The exact amount you receive is based on several factors, including how severely you’re injured, your pre-injury income, and your work capacity.
For example, if your injuries are minor, you may only receive weekly payments for lost income and basic medical expenses. However, if you’re permanently disabled or unable to work, you could be eligible for a substantial lump sum payment.
To learn more about how much you could receive, head to our complete guide to personal injury compensation.
Our No Win No Fee guarantee keeps your claim risk-free
We cover all upfront costs like medical tests and expert reports, so there’s nothing to pay until we win your claim. If we’re unsuccessful, you will never receive a bill from us.
Find out more about No Win No Fee
What personal injuries qualify for compensation?
The personal injuries eligible for compensation depend on your state and the type of claim you’re making. Below, you’ll find some common examples.
Physical injuries
- Back injuries
- Broken bones
- Brain injuries
- Repetitive Strain Injury (RSI)
- Slip and fall injuries
- Loss of speech or hearing
- Loss of limb or use of a limb
- Paraplegia or quadriplegia
Physical illnesses
- Stroke
- Cancer
- Multiple Sclerosis (M.S.) and other degenerative conditions
- Autoimmune diseases
- Heart conditions
- Chronic Lung Disease
Psychological conditions
- Anxiety
- Depression
- Post-Traumatic Stress Disorder
- Schizophrenia
- Bipolar Disorder
- Adjustment disorder
In most instances, you’ll need to meet your state’s minimum impairment threshold to receive compensation. This means minor injuries, like mild whiplash or a sprained ankle, usually won’t qualify.
Importantly, if you’re making a TPD claim, your injury, illness or psychological condition must permanently prevent you from working. To learn more about qualifying for TPD, head to our guide.
Are there time limits for making a personal injury claim?
| NSW, QLD, SA, WA, TAS and NT | 3 years from the accident date |
| VIC | 6 years from the accident date |
| ACT | 13 weeks to 3 years depending on the type of claim |
| NSW, VIC, SA and TAS | 3 years of realising you have a claim |
| QLD, WA, NT and ACT | 3 years from the accident date |
| NSW, VIC, SA and TAS | 3 years of realising you have a claim |
| QLD, WA, NT and ACT | 3 years from the injury date |
| NSW, QLD, SA and TAS | 6 months of the accident |
| VIC | 30 days of the accident |
| WA | 12 months of realising you’re injured |
| NT | 6 months of the accident or developing the illness |
| ACT | 3 years of realising you’re injured or ill |
There are generally no time limits unless your TPD policy clearly states one. However, we strongly advise filing your claim as soon as possible. Over time, it can be more difficult to compile sufficient evidence and, in our experience, super funds are more likely to reject older claims.
What if I’m already outside the time limit?
You may still be eligible to claim if you have a valid ‘exception’, such as:
- You were not aware you had a personal injury claim.
- The other party tried to discourage you from claiming.
- Your injury didn’t appear until after the time limit.
- You were absent from the state.
- The court determines that allowing your claim is ‘just and reasonable’.
The exact exceptions available will depend on the type of claim you’re making, your state, and the facts of your case.
If you’re already past the time limit, it’s crucial to speak to a lawyer immediately. We have a detailed knowledge of the time limit exceptions in each state and can apply for an extension on your behalf. Over the years, we’ve successfully resolved hundreds of delayed personal injury claims for our clients.
The top five personal injury claim mistakes to avoid
With over 25 years’ experience in personal injury law, we know the best tactics for winning a claim — and which pitfalls to avoid.
Here are the most common claim mistakes we’ve encountered:
- Not visiting a doctor after your accident
It’s crucial to have your injuries or illnesses assessed by a doctor or other relevant medical practitioner — no matter how minor they may seem. Not only are medical reports essential evidence for your claim, but your doctor will also identify any additional injuries that may be eligible for compensation.
In addition, it’s important to have any psychological symptoms assessed by a registered psychiatrist so they can be added to your claim. In some cases, it’s possible to claim for psychological injuries alone.
- Providing insufficient evidence
A successful personal injury claim requires substantial evidence to support your case. This includes medical reports and testimony from qualified experts. Failing to provide enough high-quality evidence can result in your otherwise valid claim being denied.
- Delaying your claim
We strongly suggest starting your claim as soon as possible. Not only does this ensure you meet all state-specific time limits but, in our experience, it also means your claim is more likely to succeed. Over time, gathering evidence becomes more challenging, witnesses’ memories fade, and it can be harder to prove your case.
If you’re already outside your state time limit, we advise speaking to a specialist personal injury lawyer about your options.
- Assuming you will have to go to court
Many people avoid making personal injury claims because they’re concerned about the procedure and expense of going to court. In reality, the vast majority of personal injury claims are resolved through out-of-court negotiations. At Monaco, we’re proud to settle over 95% of claims without going to court.
- Accepting an offer without consulting a lawyer
It’s essential to consult with a lawyer before accepting a settlement from an insurer. In our experience, insurers can be unfair to unrepresented claimants, offering unreasonably low settlements and pressuring them to accept less than they deserve. An expert lawyer can negotiate the settlement on your behalf and secure maximum compensation for your injuries.
How do I start my personal injury claim?
Personal injury claims are notoriously complex, and figuring out where to begin can be confusing and stressful. Here are four key steps to starting your personal injury claim.
- Seek medical treatment: After an accident, the first priority is your well-being. It’s crucial to get medical treatment for all your injuries, no matter how minor.
- Report the accident: You’ll need to report the accident to the relevant authority. For example, if you’re injured at work, you should report to your employer; but if you’re injured on the road, you must file a police report.
- Compile evidence: All personal injury claims require strong supporting evidence, including medical reports, witness statements and expert testimony. This is essential to demonstrate the injury’s impact on your life.
- File your claim: If you’re making a workers compensation claim, you’ll need to file your claim with the relevant state scheme. For no-fault motor accident claims, you’ll need to submit a claim with your state CTP insurer.
If you’re making a medical negligence, public liability or other negligence-based claim, we strongly suggest speaking to a lawyer before starting. In a free consultation, we’ll outline all your options and entitlements. There’s no obligation to continue after this chat, but if you choose to work with us you’re covered by our genuine No Win No Fee guarantee.
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