If you’re completing research for a compensation claim, you may come across a range of terms you’re not familiar with. We know jargon can be frustrating, so below are some common legal terms related to injury claims such as motor vehicle accidents and injuries that happen in the workplace.
Compulsory Third Party (CTP)
CTP insurance is legally required in Queensland and is automatically built into the cost of your vehicle registration. If someone is injured in a car accident, the at-fault driver’s CTP insurance pays the compensation. A claim for injury compensation is brought against the CTP insurer of the vehicle that caused the accident.
Contributory negligence
In some compensation claims, more than one person may be at fault. When a claimant is partially responsible for the accident that led to their injury, this will reduce the compensation payout they are entitled to. This is called contributory negligence.
Duty of care
Duty of care is the legal recognition of the obligation to take all reasonable steps to avoid foreseeable harm. This plays a key role in establishing fault in claims such as motor vehicle accident, personal injury, and public liability. For example, under Queensland law, employers have a duty of care to ensure the health and safety of their workers (Work Health and Safety Act 2011 (Qld)). Another example is that all Queensland road users have a legal duty of care to each other to drive safely and follow road rules.
Fee cap
A fee cap is the percentage that a no win no fee lawyer will charge as a percentage of the settlement sum once your case has settled. When you’re choosing a lawyer, the lower the percent, the less money you will be charged in professional fees.
According to the Legal Profession Act 2007, no win no fee lawyers cannot charge more than 50% of the settlement after deducting outlays, and other amounts refundable from the settlement sum. Some examples of these refundable amounts include Centrelink, Medicare, and private health funds. We think charging 50% isn’t fair for clients so we charge up to a maximum of 30% of the settlement sum for our professional fees.
Heads of damage
Heads of damage are different types of damage someone may suffer such as general damages (pain and suffering) and economic loss (past or future earnings). Ultimately an assessment of every claim is based upon what a claimant is entitled to under each head of damage. These include:
- pain and suffering
- special damages
- care and assistance
- economic loss, past and future
- future special damages, care and support.
Independent medical examination (IME)
An IME is when an independent medical examiner, such as a doctor, psychologist, or allied health professional, is appointed to assess a claimant’s injuries or condition. This is often requested by an insurer, or a defendant or their legal representative. An IME provides an objective medical opinion, and the report can have a significant impact on your compensation claim outcome.
Nominal Defendant
When drivers in Queensland pay vehicle registration, they are automatically covered by Compulsory Third Party (CTP) insurance. If the car responsible for an accident that causes injury is not insured at the time of the accident, a government insurer called the Nominal Defendant acts as an insurance company. The Nominal Defendant is a statutory body established by the Motor Accident Insurance Act 1994.
No win no fee
A “no win no fee” guarantee is when a lawyer only charges fees if your compensation claim is successful. The only exception is that if your case goes to court and you lose, you may have to pay the defendant for their legal fees and outlays. If there is a risk you will lose money on your case, our lawyers identify this early and advise you against proceeding with the claim.
Notice of Claim Accident Form
To commence a personal injury claim in Queensland, the claimant or their lawyer must complete a Notice of Accident Claim Form. This notifies the responsible party that you intend to seek damages and officially starts the claim process.
Public liability
In Queensland, public liability is the legal responsibility an individual, a business, or organisation has when someone is injured on their premises. Public liability injury claims range from accidents at entertainment venues to trip and fall accidents and sporting injuries, to name a few.
Settlement
A compensation claim settlement is where a final agreement is reached between the person that was injured (claimant) and the responsible person’s insurer or lawyer. A lump sum payment, or periodic payments, will be offered to the claimant with the goal of resolving the claim before going to a court trial. As a claimant, it’s important to always seek legal advice before making a decision at this stage because you may receive significantly less than what you are entitled to.
Statement of Claim
A Statement of Claim is a court document that starts legal proceedings for a compensation claim. This is different from a Notice of Claim, which is used outside of the court process to resolve the claim before legal action is taken.
Total and Permanent Disability (TPD) claim
A Total and Permanent Disability claim means that your injury or illness is so severe that you’re unlikely to ever work again. This type of insurance payout comes from your superannuation fund. A TPD lump sum payment is designed to cover costs such as rehabilitation and living expenses. Depending on your insurer, you may be given a lump sum or regular or annual payments.
Have you been injured in Queensland? If you have questions about your case or want to determine if you should pursue compensation, we’re here to help. Get in touch for a free claim assessment with one of our experienced lawyers today.