Personal Injury Lawyers Brisbane

You are able to receive compensation for emotional distress in Queensland. A situation may arise where an individual is suffering from emotional trauma, but there are no apparent physical injuries.

Bullying in the workplace is a common example of this type of injury. This is usually due to a failure of management to act the situation in a reasonable manner.

There are strict time limits for making personal injury compensation claims. You must bring a claim for compensation within 3 years of your accident, or within 3 years of discovering your injuries were linked to the accident. That is why it is important to seek advice from a personal injury lawyer as soon as possible.

In some situations, the time limit will apply from the date you first became aware of your injury or illness. Importantly, dust diseases such as asbestos and silica, are not subject to any time limits for common law damages. This is because symptoms may only become apparent decades after the exposure has occurred.

There are also some exceptions to the three-year time limit. If you are making a compensation claim for a child, or they decide to make a claim for injuries sustained when they were a child, the time limit for their claim is their 21^st birthday.

When making a compensation claim for emotional distress, you will need to prove that a duty of care was owed to you, that the duty was breached, and that breach caused your psychological injury. You will also need to prove that you have suffered loss and damage (i.e. past and future expenses, loss of wags, future economic loss). If you seek medical treatment for your injury, you may be able to establish the existence of your distress and the cost of your injury also. The amount of compensation that you may receive for your emotional distress will depend on the severity of the injury and how long it has lasted for.

The court will look at your actual income before your accident, to what you are currently earning or not earning. Overtime, potential pay increases and when you are likely to retire will also be taken into account.

Past economic loss is a simple method to work out. It is based on the loss of income you have incurred, from the date of your injury.

Future economic loss is more complicated, and the court will take various factors into consideration. In most cases, the calculation is the difference between what the claimant would have likely earned in the future, less what they are now likely to earn in the future with their injury. Please note that this calculation is a general guide, and you should seek legal advice from one of our Brisbane lawyers if you wish to make a personal injury claim.

Evidence of all payslips and tax returns of what you were earning prior to the injury, and of what you are earning since the injury, is needed to prove future loss of earnings. Testimony from the claimant’s employer, doctor and other witnesses may also be useful in proving loss of earnings.

Compensation lawyers in Brisbane assess the value of a personal injury claim by evaluating various factors, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs. They gather detailed medical records, witness statements, and opinions to build a comprehensive picture of your damages.

Our Brisbane personal injury lawyers are distinguished by their extensive experience with complex injury claims, their deep understanding of local regulations, and their dedication to maximising compensation. Our compensation and injury claim lawyers provide personalised legal strategies tailored to each unique case.

Injury and accident lawyers in Brisbane can assist by reviewing your denied insurance claim, identifying reasons for the denial, and providing guidance on appealing the decision. These injury claim lawyers challenge denials and negotiate with insurers to secure the compensation you deserve.