Personal injury claims in Queensland can be life-changing – both physically and financially. Whether you’ve been in a car accident, workplace accident or public liability incident, your road to recovery hinges not only on medical care but on getting fair compensation.
If you’ve been injured through no fault of your own, you need to have experienced personal injury lawyers in Brisbane by your side. They will protect your legal rights and help you understand your entitlement to QLD common law claim payouts which can increase your payout.
In this guide we’ll look at how personal injury lawyers help claimants in Queensland, what common law claims are, who qualifies, how payouts are calculated and why experience matters in getting the best result.
What is a Personal Injury Claim in Queensland?
A personal injury claim arises when someone suffers physical, psychological or emotional harm due to the negligence or wrongdoing of another party. Common types of personal injury cases are:
- Car accidents
- Workplace injuries
- Public liability (e.g. slips and falls)
- Medical negligence
- Sporting or recreational injuries
- Product liability injuries
In Queensland personal injury law is governed by several acts including:
- Civil Liability Act 2003 (QLD)
- Workers’ Compensation and Rehabilitation Act 2003 (QLD)
- Motor Accident Insurance Act 1994 (QLD)
Depending on your situation you may be entitled to a statutory claim (set payouts) or a common law claim (proving negligence and seeking damages).
Why You Need Experienced Personal Injury Lawyers in Brisbane
Choosing the right lawyer is critical when your health, financial future and emotional wellbeing are on the line.
1. Proven Legal Strategy
Experienced personal injury lawyers in Brisbane know how to assess claims, navigate the complex legislation, gather the right evidence and build a case that stands up to insurers and the courts.
2. Maximised Payout
Skilled lawyers know how to value claims accurately, taking into account long term medical costs, income loss, pain and suffering and future needs. They won’t settle for less than you deserve.
3. Strong Negotiation Skills
Most claims are settled. Your lawyer’s negotiation skills impact how much you get. Experienced lawyers know insurer tricks – and how to beat them.
4. Local Advantage
Brisbane based lawyers know the local courts, medical networks and Queensland law. They’re closer to you too.
Common Law Claims in Queensland
In addition to statutory compensation, injured individuals may be eligible to pursue a common law claim if their injury was caused by another party’s negligence.
✔ What is a Common Law Claim?
A common law claim is a legal action where you sue a person, company or organisation responsible for your injury. Unlike statutory claims (which are limited and predefined), common law claims allow you to seek broader damages.
✔ When Can You Make a Common Law Claim?
You may be eligible if:
- You were injured due to someone else’s negligence
- You suffered economic loss, pain and/or permanent impairment
- You’ve already lodged a statutory claim (e.g., WorkCover or CTP)
QLD Common Law Claim Payouts: What You Need to Know
Understanding QLD common law claim payouts helps set realistic expectations and empowers you to pursue what’s rightfully yours.
What Can Be Included in a Common Law Payout?
- General Damages (Pain & Suffering) : Compensation for emotional trauma, loss of enjoyment of life and permanent physical or psychological impairment.
- Past Economic Loss : Wages lost from the date of injury to settlement.
- Future Economic Loss : Loss of earning capacity or inability to work in the future.
- Medical and Rehabilitation Costs : Past and future treatment expenses.
- Care and Assistance : Help with daily activities like cleaning, transport and personal care.
- Legal Costs : Often partially or fully covered if the claim is successful.
Example Payouts (Indicative Only)
- Minor soft tissue injury: $10,000 – $25,000
- Fractures with time off work: $40,000 – $100,000
- Serious back/spinal injury: $150,000 – $350,000
- Permanent disability or loss of limb: $400,000 – $750,000+
- Psychological injury: $50,000 – $250,000
These amounts are estimates only. The actual payout depends on the specific facts of your case. Only a qualified Brisbane personal injury lawyer can provide accurate figures after reviewing your claim.
Steps in a Common Law Claim
1. Initial Consultation You meet with a lawyer to assess your claim.
2. Investigation
Your lawyer will gather evidence to prove your case.
No Win, No Fee – How Costs Work
Most Brisbane personal injury lawyers work on a no win, no fee basis. This means:
- No upfront costs
- Free initial consultation
- Pay only if your case is successful
Make sure your agreement outlines the percentage of fees and deductions from your payout.
Common Brisbane Personal Injury Cases
Here are real-life examples of Brisbane-based clients who successfully claimed common law compensation:
Moggill Road Car Accident
A young man was injured in a rear-end crash. The insurer offered $20,000. With a lawyer, he received $75,000 including medical costs and lost wages.
Indoor Factory Fall
A woman slipped on oil in a poorly maintained factory. She injured her knee and couldn’t return to manual work. Her lawyer filed a common law claim and got $280,000.
South Brisbane Cycling Injury
A cyclist hit an unmarked pothole on a council-maintained path. Legal action was taken against the council for negligence and got $120,000.
What to Bring to Your First Consultation
- Accident or incident reports
- Medical records and referrals
- Proof of employment and income
- Any correspondence from insurers
- Photos of injuries or accident site
- A list of daily tasks you can no longer perform
The more info you bring, the faster your lawyer can assess your claim.
How to Choose the Right Brisbane Personal Injury Lawyer
Here’s what to look for: Experience with personal injury and common law cases
Local knowledge of QLD law
Transparent, ethical and communicative approach
No win, no fee options
Proven track record of fair settlements and client satisfaction
| Feature | Why It Matters |
| Local Experience | Knowledge of Brisbane’s courts, medical experts, and insurers |
| Specialisation | Focused on personal injury law, not general practice |
| Proven Track Record | Successful settlements in similar cases |
| Clear Communication | Transparent about fees, timelines, and your legal options |
| Client Support | Empathetic and responsive service during recovery |
Final Thoughts – Don’t Settle for Less
Injuring yourself can be physically and emotionally draining—but dealing with the legal system doesn’t have to be. With the right support you can hold the responsible party accountable and get the funds you need to recover and move on. A Brisbane personal injury lawyer will not only handle the legal side but be with you as a support person every step of the way. Whether you’re just starting your claim or deciding to go to common law, now’s the time to get advice
Disclaimer
The information provided in this blog is intended for general informational purposes only and does not constitute legal advice. Every legal case is different, and laws may change over time or vary by location. Readers should not act or refrain from acting on the basis of any content included in this blog without seeking legal advice from a qualified compensation lawyer in Brisbane or their relevant jurisdiction. No attorney-client relationship is formed by reading or interacting with this content.