We provide advice and guidance in the following areas:
• Commercial and contractual issues
• Insolvency and commercial debt
• Partnership and shareholder disputes
• Insurance disputes
• Building and construction
Generally, in Queensland you only have three years from the date of accident within which to issue proceedings in Court. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.
A ‘Notice of Accident Claim Form’ must be given to the all parties at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor. Special provisions apply in relation to notification in medical negligence matters, especially those involving children.
If the Notice of Claim is lodged outside this time period, an explanation must be provided detailing a reasonable excuse for delay.
Proceedings can not be issued in Court unless ‘pre-court’ procedures have been completed pursuant to the Personal Injuries Proceedings Act.
If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge for leave to issue proceedings. Proceedings must then be filed within the limitation period. Proceedings issued in this way are stayed until the pre-court procedures have been completed.
Also, whether within the three year limitation or not, a matter can be statute barred if proceedings are not filed and served within 60 days of the holding of a compulsory conference.
No Win No Fee
At Splatt Lawyers we acknowledge that many injured people become financially distressed as a result of an injury and may not be able to afford the up-front costs involved in running a claim for personal injuries.
We work on a No Win No Fee Basis, we will agree to act on a speculative basis after a careful assessment of the facts and circumstances of your case. To act on a speculative basis means that we undertake not to render an account for our professional costs unless and until the matter is successfully concluded in your favour.
For more information about our No Win No Fee policy click here.