When an injury knocks your life off track, the physical pain is just the start. Emotional trauma, lost income, mounting medical bills and long term disabilities can leave you feeling overwhelmed and unsure of the future. Fortunately in Queensland, the law gives you the right to claim compensation – especially with the help of Experienced Brisbane personal injury lawyers who know the law and fight for fair outcomes.
In this guide we’ll look at the role of personal injury lawyers in Brisbane, what common law damages are and how you can claim with confidence.
Why Choose Local Personal Injury Lawyers in Brisbane?
Choosing a lawyer is a big decision – but choosing a local expert makes a difference. Brisbane based lawyers bring a unique advantage to your case:
Deep Knowledge of Queensland Law
Personal injury legislation varies from state to state. Lawyers who practice locally know the Civil Liability Act 2003 (QLD), Workers’ Compensation and Rehabilitation Act 2003 and court procedures specific to Queensland.
Access to Local Resources
From trusted medical experts and rehabilitation providers to experienced barristers and local courts, Brisbane lawyers have the connections needed to bolster your case.
Personalised Service
Local firms are more client focused. You’ll get more face to face time, faster responses and tailored legal strategies to your injury, job or personal circumstances.
Community Commitment
Brisbane based lawyers have a reputation to uphold in the community. Their success depends on helping local people get real results.
Common Types of Personal Injury Claims in Brisbane
Local personal injury lawyers in Brisbane deal with a wide range of claims:
- Motor vehicle accidents
- Workplace injuries (WorkCover claims)
- Public liability accidents (e.g. slips and falls)
- Medical negligence
- Recreational and sports injuries
- Defective product injuries
- Psychological injuries
If you’ve been injured by someone else’s negligence, you may be entitled to compensation – especially if your injury occurred within the last three years.
Statutory Claims vs Common Law Claims
Before you can fully understand common law damages you need to know the difference between two types of compensation in Queensland:
Statutory Compensation
Provided through insurance schemes like WorkCover Queensland (for workplace injuries) or Compulsory Third Party (CTP) insurers (for motor vehicle accidents). These payouts are generally fixed and limited.
Common Law
If someone else’s negligence caused your injury you may be able to claim **common law**. This allows you to sue for **damages** that better reflect the true cost of your injury – especially your economic loss and quality of life impact.
What are Common Law Damages?
Common law damages are the compensation awarded in a personal injury claim under general law principles rather than fixed benefits under a statutory scheme. These damages are tailored to your specific losses.
The aim of common law damages is to get you, as much as possible, back to the financial and emotional position you were in before the injury occurred.
Types of Common Law Damages in QLD
Below are the components of a common law damages award:
1. General Damages
Pain, suffering and loss of enjoyment of life. This takes into account your physical and psychological injuries and is assessed using the Injury Scale Value (ISV) in Queensland.
2. Past Economic Loss
Reimburses wages lost from time off work due to the injury, including unpaid leave and missed overtime.
3. Future Economic Loss
If your injury affects your ability to work in the future, you may receive compensation for lost earning capacity. This can include missed promotions, unable to work full-time or early retirement.
4. Past & Future Medical Expenses
Hospital stays, surgery, physiotherapy, medication, specialist consultations and more. Future costs are estimated based on long term medical needs.
5. Care and Assistance
Help with daily tasks like cleaning, personal care or transport – whether provided by professionals or unpaid friends/family.
6. Legal Costs
In many cases, your legal fees may be paid in part or full by the defendant’s insurer.
What determines the value of Common Law Damages?
Every injury and person is different. Several factors influence the total amount you may receive:
Factor Impact on Damages Type and severity of injury More serious injuries generally get higher payouts Age and life expectancy Younger clients may get more for future income loss Job role and income Higher earners may be entitled to more economic loss compensation Evidence of negligence Stronger proof increases your chance of a higher settlement Recovery prognosis Long term or permanent disabilities generally get larger awards
Example Damages Estimates
| Injury Type | Common Law Damages Range (AUD) |
| Minor fractures | $10,000 – $50,000 |
| Soft tissue & psychological injuries | $20,000 – $100,000 |
| Back injuries (moderate to severe) | $60,000 – $300,000 |
| Amputation or spinal injury | $300,000 – $1 million+ |
How to make a Common Law Damages Claim
Here’s a step by step guide:
Step 1: Get Medical Help
Your injuries must be documented by a healthcare provider. Medical reports are key to your claim.
Step 2: Lodge a Statutory Claim
For workplace or motor accident injuries, submit a claim with WorkCover or the relevant insurer. This is usually the first step before a common law claim.
Step 3: Contact a Brisbane Personal Injury Lawyer
They’ll review your situation and let you know if you can make a common law damages claim.
Step 4: Serve a Notice of Claim
Your lawyer will notify the at-fault party (or their insurer) that you intend to claim damages.
Step 5: Investigate and Negotiate
Your lawyer collects medical, financial and expert evidence to calculate your losses. Most claims are settled out of court.
Step 6: Go to Court (If Necessary)
If negotiations fail your lawyer may commence legal proceedings to get you the right compensation.
Time Limits for Common Law Claims in QLD
You have 3 years from the date of injury to make a claim for common law damages. However some preliminary steps (like serving a Notice of Claim) have much shorter time frames – 1 to 9 months.
Missing a deadline can mean losing your right to claim. That’s why it’s essential to get legal advice as soon as possible.
Case Study: Common Law Damages Claim
Client: Retail worker injured by falling stock
Injury: Head trauma and anxiety
Initial Offer: $12,000 WorkCover statutory payout
Legal Action: Lawyer filed common law claim, established employer negligence
Outcome: $175,000 settlement (including economic loss, therapy and general damages)
This shows how Brisbane personal injury lawyers can get clients from low statutory offers to life changing settlements.
No Win, No Fee – Risk Free Legal Help
Most Brisbane personal injury lawyers offer No Win, No Fee agreements. That means:
- No upfront costs
- No legal fees unless your claim succeeds
- Transparent fee structures
Always read the fine print and make sure you’re comfortable with how success fees are calculated.
Why Clients Choose Local Brisbane Personal Injury Lawyers
| Feature | Benefit |
| Local Knowledge | Familiarity with QLD laws and Brisbane courts |
| In-Person Access | Face-to-face meetings and support |
| Proven Results | Established success with injury claims |
| Accessible Communication | Fast, friendly, and jargon-free guidance |
| Specialised Expertise | 100% focused on personal injury law |
Summary
When you’ve been injured due to someone else’s actions or negligence you deserve to be treated fairly and compensated fully. With Brisbane personal injury lawyers you can navigate the complex legal process and get the common law damages you’re entitled to.
Don’t leave your recovery to chance – get your financial future, get justice and take the first step towards rebuilding your life today.
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.