While we should all feel safe on our roads, especially as a pedestrian, accidents do happen. If you have sustained an injury as a pedestrian in Queensland, by way of being hit by a vehicle, you may be entitled to claim compensation.
Thankfully, even if the injuries were caused by a vehicle that didn’t stop at the scene of the accident, you will still be able to pursue compensation. In that instance, a pedestrian accident claim would be brought against the nominal defendant, as a hit and run claim.
In the event that the vehicle that hit you did not flee the scene, you will almost always be eligible to claim compensation for your injuries. The pedestrian accident claims process is something that one of our pedestrian accident lawyers can talk through with you.
In the event of a pedestrian accident, your finances can be one of your biggest concerns – especially if you are unable to work. That’s why it’s comforting to know that all our claims (yours included) are run under our No Win, No Fee, No Problems Guarantee.
Pedestrian Compensation Claims Process in QLD
The compensation process for pedestrian accident claims is not dissimilar to the process for a driver or passenger of a vehicle that sustained injuries in a car accident.
This process will involve an initial free of charge consultation with an expert pedestrian accident lawyer at our firm. In this we would provide initial advice as to the next steps, prospects of success, and likely timeframes of the case.
The claim process is governed by strict timeframes so it’s important to begin the process quickly following your accident. Typically you only have 9 months from the date of accident (or 1 month after contacting a lawyer) to start your claim.
Our pedestrian accident lawyers would fight to ensure liability is admitted by the insurer. We would then obtain medical evidence to help quantify your injuries and the financial loss you have sustained. Our pedestrian accident lawyers would then arrange and attend a settlement conference with the insurer to resolve your claim.
The important first step is to get in contact with one of our expert lawyers to understand what your options are.
Calculating Pedestrian Compensation in QLD
There are a number of avenues for compensation that your pedestrian accident lawyers can claim for you. The amount of compensation you will be able to access will depend on a number of different factors and your final compensation amount will be unique to you and your injuries.
The areas that are assessed when calculating your compensation include – compensation for pain and suffering, compensation for economic loss (if your injuries affect your ability to earn income now and into the future), your medical expenses and also any gratuitous care and assistance you may have received from friends or family.
In addition to obtaining compensation, our pedestrian accident lawyers can ensure that you have any treatment expenses paid for by the relevant insurer. This might include physiotherapy, chiropractic care or even surgery if required.
By getting your claim underway quickly, it is likely that your lawyer will be able to organise the funding of your rehabilitation with the insurer before you begin your rehab – meaning that you won’t be out-of-pocket for these costs.
Mobile Pedestrian Accident Lawyers
Need a Free Case Review? We come to you, no matter where you are in Queensland.
We understand that you are likely in ongoing pain and struggling with the daily challenges of life post-accident. To ensure the entire legal process is as stress-free as possible, our lawyers will always happily come to you – either at the hospital, your home or a local café – wherever is easiest for you.
If you prefer to meet in one of our offices, you are always welcome at our head office in Brisbane CBD, or you and your lawyer can arrange an appointment at one of our many visited offices.
Common Questions About Pedestrian Accidents:
Queensland has a Compulsory System of Third Party (CTP) Insurance for all motor vehicles, on all Queensland roads. This insurance is paid for by every car, or other vehicle, owner at the time you pay your registration renewals.
In Queensland, the CTP insurance is offered by a number of approved CTP insurers. If you suffer an injury as a result of a motor vehicle accident as a driver, a passenger, a pedestrian, or as a cyclist, caused by someone else, you have the right to claim compensation for the injury sustained and the loss resulting from the injuries; by making a CTP claim.
CTP insurance covers accidents on public roads. Most vehicles are covered under the CTP insurance scheme for compensation of personal injuries sustained by making a CTP claim. Road accident compensation claims include light vehicles involved car accidents, motorbike accidents or bicycle accidents.
Passengers, pedestrians and pillion passengers may also have injury claims even though they were not driving the vehicle at the time. Heavy motor vehicles are also covered under CTP insurance claims including commercial vehicles, utes, vans trucks and busses.
Injuries include a wide variety of conditions with a varying degree of loss or injury.
These may include injury to various parts of the body including arms, legs, hand and feet, neck, back and spinal injuries. Some other injuries include sight and hearing loss or injury, and brain injuries. Soft tissue and burns as well as psychiatric and psychological conditions are also included.
Serious injuries are also covered including paraplegia and quadriplegia.
Compensation is allowed for direct expenses relating to the pedestrian accident or incident including; medical expenses, physiotherapy and or rehabilitation costs and associated treatment. Future medical expenses and treatment as well as care and assistance may also be included to continue the recovery process.
In addition, loss of wages, future loss of wages or impact on your ability to work may form a large part of the compensation claim.
Gouldson Injury Law operates on a No win No fee basis. For no charge, a qualified personal injury lawyer will meet with you and answer all your questions. They will also discuss the merits of your claim and your legal rights to make an injury claim. If you proceed you will only be charged if you successfully receive compensation. Our professional fees are charged at a competitive rate, not a percentage of your damages.
Those fees are capped at 30% of your final compensation payout, to ensure you won’t be left wanting.
Every pedestrian accident claim is as individual as the person making it. There are many factors that may shorten, or prolong, the time it takes for a decision to be made. We will discuss these factors with you to keep you informed of your rights along the way.
To speed up the process, ensure you lodge a claim as soon as possible and have accurate and detailed medical records at hand. Should we require further medical records we will inform you of the detail and also assist you to obtain all the required information.
Some of this process is dependent on the stability of your injuries and the stage of recovery.Give us a call if you would like more information on this process.
This is a question every client asks! Unfortunately it is impossible for any injury compensation lawyer to answer accurately, at such an early stage. The extent of an injury compensation claim will depend on the severity of your injuries and the consequences on your circumstances.
Many factors contribute to the assessment of your damages including treatment, past and future loss of income and your ability to work. Ongoing care and rehabilitation and pain and suffering will also impact on the settlement amount.
This is an important issue to discuss, so contact us and an expert motor vehicle accident injury lawyer will discuss your claim and explain this process.
Strict time limits apply under the legislation for you to make a claim.
Strict time limits apply to car accident injury compensation claims and CTP claims. Generally you will need to lodge a Notice of Accident claim form with the relevant compulsory third party insurer within 9 months of the accident.
Where you don’t have the registration details or don’t know the motor vehicle at fault, you must serve the Notice on the Nominal Defendant with 3 months but up to 9 months with a reasonable excuse for delay. Outside 9 months a claim against the Nominal Defendant is out of time. Other than in Nominal Defendant cases you have 3 years from the date of the injury to commence a claim in court.
Contact Gouldson Legal as soon as possible to ensure your claim is not held up should complications arise.
Gouldson Legal specialises as motor vehicle accident and CTP injury compensation lawyers in Brisbane on a “No win no fee” basis.
Where Do I Begin
Obtain the name and address of the driver(s) at fault and also the registration plate number, make and mode of the car at fault.
It may be beneficial for you to take photographs and sketch a plan of the accident scene to assist you in the future. Also take all witness details.
Should Queensland Police not attend the scene of the accident, you must report the accident to the Police within 28 days.
If you fail to do so, you will need to complete further paperwork (Gouldson Legal will provide this to you) and it will need to be delivered to the closest police station to the accident.
Contact Gouldson Legal and speak to one of our seasoned car accident injury lawyers.
They will start the claims process within 48 hours as strict time limits apply.
Ensure you receive the very best ongoing medical treatment and advice. You will need to obtain medical evidence to show that your injury is a direct consequence of the car accident.
Don’t forget to also look after your emotional health during this difficult time. Visit our Support Groups page for more information.
Expect to receive regular phone calls and correspondence from your Gouldson Injury lawyer, keeping you up to date with how your claim is progressing.
In between phone calls, concentrate on getting better.