Written by: David Cossalter What are personal injury claims?
When psychological harm is involved, victims may be entitled to compensation for non-economic damages, such as emotional distress, pain and suffering, and loss of enjoyment of life. The primary goal of a personal injury claim is not only to recover financial losses but also to help the victim return to their pre-incident condition as much as possible.
Legal precedent
Personal injury claims don’t just compensate victims; they can lead to broader changes that protect the public. For example, the yellow safety lines now found at railway platforms across Australia were introduced following a landmark case led by GMP Law’s Gerard Malouf. After a young man was seriously injured while unknowingly standing too close to the edge of a platform, the case prompted national safety reforms, making these high-visibility warning lines a standard safety feature across the country.
Type of personal injury claims
There are several types of personal injury claims, including medical negligence, motor vehicle accidents, public liability incidents, and workplace injuries. Other claim types can include institutional abuse, dust diseases, product liability, and more.
Medical negligence claims
Personal injuries caused by medical negligence can happen in many ways, such as wrong or delayed diagnoses, surgical mistakes, or careless treatment by doctors or hospitals. Healthcare professionals have a high duty of care, and if they don’t meet these standards, you may have grounds to make a medical negligence claim.
If your claim is successful, your personal injury compensation may cover:
- Medical expenses like hospital bills, doctor fees, medication costs, and rehabilitation
- Lost wages, including current and future income, plus any other money lost because of the injury
- Non-financial losses, such as pain and suffering, emotional distress, and reduced quality of life.
Medical negligence claims can be complex, so they often take between 18 and 36 months to resolve.
Motor vehicle accident claims
Personal injury claims from motor vehicle accidents happen when someone doesn’t take proper care while using public roads. This includes anyone driving a car, riding a bike, or using public transport.
These claims can involve drivers, passengers, and pedestrians who get hurt in an accident.
Some motor vehicle claims take about 6 to 12 months to settle, but more complicated cases can take 18 months or longer. Especially if there are multiple people involved or if witness accounts don’t agree.
Public liability claims
Those responsible for managing public spaces—like offices, schools, and shopping centres—have a legal duty to keep these environments safe.
Personal injury claims can be made for injuries such as:
- Slip and fall accidents caused by wet floors or uneven surfaces
- Injuries from falling objects
- Electrocution or burns due to faulty wiring or equipment
- Physical assaults linked to poor security measures.
If someone is hurt in a public space, they might be unable to work, leading to financial and emotional difficulties. They could be entitled to compensation covering medical bills, lost wages (both past and future), and a lump sum for pain and suffering.
Work injury claims
If someone is injured at work due to negligence or safety failures, they may be entitled to claim compensation.
In some cases, employers may also be held vicariously liable for the negligent acts of their employees if those acts occurred in the course of employment. This means that even if the injury was caused by a co-worker’s actions, the employer may still be legally responsible. This principle is commonly applied in institutional abuse cases, where organisations such as schools, churches, or care facilities are held liable for the misconduct of their staff.
According to Safe Work Australia, musculoskeletal conditions account for 57% of serious workers’ compensation claims. Common causes include:
- Body stress from repetitive tasks or poor ergonomics
- Slips, trips, and falls
- Being struck by moving objects.
Other injuries that may give rise to a compensation claim include fractures, burns, lacerations, and a growing number of psychological injuries, which are increasing in both frequency and severity. These trends have informed the Safe Work Australia 2023–2033 Work Health and Safety Strategy, which places a strong emphasis on both physical and psychological workplace safety.
Workers’ compensation vs work injury damages claims
| Workers’ compensation | Work injury damages claims (civil claim) |
|---|---|
|
|
Dual Claims
In some situations, an injured worker may be eligible to pursue both a workers’ compensation claim and a civil personal injury claim. This commonly occurs when the injury was caused by the negligence of a third party: someone other than the employer (e.g., a contractor, driver, or equipment manufacturer).
An experienced compensation lawyer can assess your circumstances and advise whether you may be eligible for:
- Statutory workers’ compensation
- A work injury damages claim (against your employer)
- A civil negligence claim (against a third party)
- A Total and Permanent Disability (TPD) claim, depending on your superannuation policy.
Find out how much you can claim today
Personal injury claims for children
If your child has been injured due to someone else’s negligence, you may be entitled to make a personal injury claim on their behalf. As children don’t have legal capacity to bring a claim themselves, a parent or guardian can act as their ‘Tutor,’ a legal representative who makes decisions in the child’s best interests throughout the claims process.
Common types of child injury claims
Personal injury claims involving children can arise from a wide range of incidents, including:
- Car accidents (as a passenger, pedestrian, or cyclist)
- Dog attacks
- Faulty or dangerous toys and products
- Injuries at parks, playgrounds, or play centres that were not safely maintained
- Medical negligence
- Accidents at school or childcare due to inadequate supervision
- Psychological trauma or nervous shock.
What can be claimed for child injuries?
The type and amount of compensation will depend on the severity of the injury and its long-term impact on your child’s life.
If a claim is successful, it may cover:
- Pain and suffering
- Past and future medical expenses
- Past income loss (if your child was working and under 18)
- Future loss of earning capacity
- Costs for additional care and support.
Time limits for child injury claims
In most cases, the limitation period for bringing a personal injury claim is paused until the child turns 18. From that point, they usually have three years to initiate legal proceedings.
Lawyer insight
Understanding negligence in personal injury claims
Negligence, across Australia, is simply the failure to exercise reasonable care and skill. To win a personal injury claim, you must prove three key elements: duty of care, causation, and damages.
| Duty of care |
A duty of care is a legal obligation requiring individuals or organisations to take reasonable steps to prevent harm to others. This principle applies across many areas. For example, drivers must obey road rules to avoid accidents, and medical professionals must meet accepted standards to avoid malpractice.
Common relationships where a duty of care exists include:
|
| Causation |
To succeed in a personal injury claim, the claimant must prove causation. That is, show a direct link between the breach of duty and the harm suffered.
This involves demonstrating that:
|
| Damages |
Once negligence and causation are proven, the final element is damages. The claimant must provide evidence of the losses they’ve suffered as a result of the injury.
These may include:
|
State-by-state differences in personal injury claims
Personal injury claim legislation varies significantly across Australian jurisdictions:
Personal injury claim NSW
In New South Wales, personal injury claims are regulated by the Civil Liability Act 2022.
Key features include:
- Medical negligence claims must be initiated within three years of the injury date.
- NSW has a no-fault scheme for workplace injuries, meaning individuals can receive compensation regardless of fault.
- Compensation limits are set at $551,100 for public liability claims.
Personal injury claims Queensland
Personal injury claims in Brisbane and across Queensland are primarily governed by the Personal Injuries Proceedings Act 2002, which outlines the pre-court procedures required before a claim can be filed. The Civil Liability Act 2003 works alongside it, providing the legal framework for assessing and awarding specific types of damages, such as pain and suffering, loss of income, and future care needs.
Key points to note:
- In certain cases—particularly outside the workers’ compensation scheme—injured workers may need to prove their employer or a third party was negligent to be eligible for compensation.
- The maximum compensation for non-economic loss (such as a pain and suffering claim) under the Civil Liability Regulation is currently $456,950 (as of 1 July 2024). This applies to public liability and motor vehicle accident claims and is indexed annually.
- Different caps apply to other types of claims. For example, workplace injuries have a separate limit of $442,195 under the Workers’ Compensation and Rehabilitation Regulation.
Personal injury claims in Victoria
Victoria’s key legislation for personal injury claims includes the Wrongs Act 1958, the Workplace Injury Rehabilitation and Compensation Act 2013, and the Transport Accident Act 1986. These laws together set out different pathways and limits depending on the type of injury (general negligence, work injuries, transport accidents).
Some important features under the Wrongs Act 1958:
- A person is not liable for harm caused by an inherent risk. That is, a risk that cannot be avoided by reasonable care.
- The Act includes provisions around “obvious risk” (section 53) that affect whether someone may have to prove they were unaware of a risk, but the presence of an obvious risk does not automatically remove liability in all circumstances.
- To claim non‑economic losses (e.g., pain and suffering, loss of enjoyment of life), the injury must meet a “significant injury” threshold, which typically means a certain percentage of permanent impairment.
- The non‑economic loss cap is $577.050.
The standard legal process for personal injury claims
| 1. Consultation | After receiving necessary medical care, your next step is to seek legal advice. A personal injury lawyer will review your situation, assess the strength of your case, and explain your options moving forward. |
| 2. Investigation and preparation | During this phase, your lawyer gathers all relevant evidence, including witness statements, medical records, and other important documents, to build a strong case. |
| 3. Negotiation and possible settlement | Based on the collected evidence, your lawyer may negotiate with the responsible party’s insurer to reach a fair settlement. They will advise you on whether accepting the offer is in your best interest or if further legal action is necessary. |
| 4. Litigation | If negotiations fail, the case may proceed to court, where your claim will be formally heard and decided. |
Whether you’re making a personal injury claim in Sydney, Brisbane, Queensland, or Victoria, having an experienced lawyer by your side is crucial. Each jurisdiction has its own rules and procedures, so local expertise ensures your claim is handled correctly and efficiently to maximise your compensation.
Lawyer insight
A key role of your personal injury lawyer is to assess whether a settlement offer is fair. While insurers may admit liability early, they often start with low offers to reduce payouts. Your lawyer evaluates the offer against your total losses—including future care and income needs—and negotiates firmly on your behalf. They also gather detailed evidence and expert reports to strengthen your case and boost your negotiating power. Getting legal advice early ensures these steps are taken promptly, helping you secure the maximum compensation you deserve.
Time limits for personal injury claims
Personal injury claims are subject to strict time limits, which vary depending on the type of claim and the state or territory where the incident occurred.
Motor vehicle accident claims: NSW vs VIC
Motor vehicle accident personal injury claims offer a clear example of how different jurisdictions set varying legal timelines.
| NSW | VIC |
See our guide to car accident injury claims in NSW. |
See our guide to traffic accident claims in VIC. |
These differences highlight the importance of knowing the specific laws in your state.
General time limits for other personal injury claims
For most other types of personal injury claims—such as public liability, medical negligence, or workplace injuries—the general rules are:
- You usually have three years from the date the injury becomes “discoverable.”
- In some cases (e.g., delayed diagnosis), there is a maximum cap of 12 years from the date of the incident, known as a “long stop time limit”.
An injury becomes “discoverable” when you know, or reasonably should know:
- That you’ve suffered an injury
- That it was caused by someone else’s negligence
- That it’s serious enough to justify legal action.
How to make a personal injury claim in your state
For detailed, step-by-step instructions tailored to your location, view our guides:
The importance of expert legal counsel
Personal injury claims are often complex and require the guidance of experienced legal professionals. A skilled personal injury lawyer can assess the strength of your case, navigate legal procedures, and advocate to ensure you receive fair compensation for your losses.
Without expert legal support, pursuing a claim and achieving full, just compensation can be extremely difficult. An experienced lawyer provides:
- Accurate assessment of your claim’s value
- Comprehensive investigation and evidence collection
- Skilled negotiation with insurers
- Strong court representation if litigation is needed
- Ongoing protection of your legal rights throughout the process.
Professional legal representation can make the difference between an under-settled claim and one that truly reflects the extent of your injuries and future needs.
No Win No Fee personal injury lawyers
Many personal injury law firms offer personal injury No Win, No Fee arrangements, making legal support more accessible, especially for those who may not have the resources to pay upfront.
This means:
- You won’t pay legal fees unless your case is successful
- Your lawyers handle the legal process while you focus on recovery
- Financial risk is reduced, particularly for clients facing lengthy or complex claims.
At GMP Law, we proudly offer a No Win, No Fee arrangement. During your initial consultation, we’ll explain the terms of the agreement clearly, so you know exactly what to expect. What sets us apart is that we also cover all disbursement costs upfront (such as medical reports and expert fees), something not all firms include under their No Win, No Fee policies. Find an office near you.
Get a free claim check
What to expect after settlement
Once your personal injury claim is settled, there are several important steps and considerations to be aware of:
- Compensation is usually paid as a lump sum, typically within 12 to 16 weeks after the settlement is finalised.
- For child injury claims, the compensation may be held in trust until the child reaches adulthood.
- You will be required to sign a Deed of Release, which legally prevents you from making any further claims related to the incident.
- Tax implications may apply to certain types of compensation, depending on the nature of the payment.
- Ongoing medical or care costs may need to be planned for if they are not fully covered in the settlement amount.
A good personal injury lawyer will help ensure you understand each of these steps and plan appropriately for your future needs.
