Picture enjoying the perfect morning coffee at a bustling Noosa café – sliding on a wet deck that hadn’t been properly marked being a cruel way to start your day. Or walking along the scenic Mooloolaba esplanade when, without warning, your foot slips on some uneven paving & you go tumbling. These beautiful Sunshine Coast moments can suddenly turn into life-changing epitaphs in the blink of an eye.
The shock & stress that follow a personal injury can be a total nightmare. Lots of us around the Sunshine Coast just don’t know that we’ve got rights to compensation – & to make matters worse, it’s often the common law claims that come as a surprise. If someone else’s carelessness has left you in the hospital, you may well be entitled to a lot more in the way of compensation than any initial statutory benefits you receive
At Splatt Lawyers, the team’s got years of experience in handling compensation claims for suncoasters – we really get what our community members are up against & are here to help them navigate the legal minefield. We know the challenges & idiosyncracies facing locals, & we put in the time & effort to get the compensation you deserve
This guide is gonna break down what a common law claim actually is, what kinds of injuries are covered, the steps you need to take to make a claim & most importantly, how to find a trusted local lawyer to help you out.
What is a Common Law Claim in Queensland?
A common law claim is essentially a lawsuit for damages against a negligent party—whether that’s an individual, business, or organisation. This differs significantly from statutory claims (like initial WorkCover or CTP payments), which are often no-fault but provide limited benefits.
The Core Element: Negligence
For a successful common law claim, you must prove negligence occurred. This involves demonstrating four key elements in straightforward terms:
- A duty of care was owed: For example, a shop owner must keep floors safe for customers
- That duty was breached: The shop owner failed to clean up a spill or place warning signs
- The breach caused the injury: Your slip directly resulted in a broken leg or other injury
- Damages were suffered: You incurred medical bills, lost income, and experienced pain
Why Common Law Claims Matter
A successful common law claim can provide compensation for a much broader range of losses than statutory schemes cover. While WorkCover might pay for basic medical expenses and some lost wages, common law claims can include:
- Future lost earnings over your entire career
- Pain and suffering compensation
- Loss of enjoyment of life
- Comprehensive medical and rehabilitation costs
- Care and assistance needs
Common Types of Personal Injury Claims on the Sunshine Coast
Personal injuries can happen anywhere across our beautiful region—from the Bruce Highway to local shopping centres like Sunshine Plaza. Understanding the most common scenarios can help you recognise when you might have a valid claim.
Public Liability Claims
These involve injuries that occur in public or private spaces due to someone else’s negligence. Common Sunshine Coast examples include:
- Slipping in a supermarket in Caloundra due to unmarked wet floors
- Tripping on a poorly maintained council footpath in Maroochydore
- Injuries at local tourist attractions due to inadequate safety measures
- Falls in shopping centres caused by poor maintenance or lighting
Trusted personal injury lawyers Sunshine Coast can help determine if property owners failed in their duty of care, leading to your accident.
Motor Vehicle Accident Claims
The Sunshine Coast’s busy roads, including the Sunshine Motorway and various tourist routes, unfortunately see their share of accidents. If you’re involved in a car, motorcycle, or cycling accident that wasn’t your fault, you can make a common law claim against the at-fault driver’s CTP insurer.
These claims can cover:
- Significant medical expenses
- Lost income during recovery
- Future earning capacity is permanently affected
- Pain and suffering
- Vehicle repair or replacement costs
Work Injury Claims
Many Sunshine Coast workers don’t realise that after receiving WorkCover benefits, they may be able to sue their negligent employer for additional damages. This applies when employers fail to provide a safe work environment.
Examples include:
- Construction site accidents due to inadequate safety protocols
- Injuries from faulty equipment that wasn’t properly maintained
- Workplace accidents caused by insufficient training
- Repetitive strain injuries from poor workplace design
This distinction between WorkCover benefits and common law claims is critical—many workers miss out on substantial additional compensation by not understanding their full rights.
The Journey of a Common Law Claim: A Step-by-Step Guide
Understanding the process can help reduce anxiety and ensure you don’t miss important deadlines or opportunities.
Initial Steps (What to Do Immediately)
Seek medical treatment immediately and ensure the incident is properly reported. Your health is the priority, but prompt medical attention also creates crucial documentation.
Gather evidence while details are fresh:
- Take photos of the scene, hazard, or damage
- Collect witness contact details
- Keep copies of all medical reports and treatments
- Document the impact on your daily life
Keep detailed records of all expenses related to your injury and how it affects your daily activities, work, and relationships.
Engaging a Lawyer
Time limits are strict in Queensland—generally three years from the date of injury—so acting quickly is essential. A lawyer’s role includes:
- Assessing your claim’s validity and potential value
- Gathering additional evidence and expert reports
- Handling all communication with insurers
- Navigating complex legal procedures on your behalf
The Formal Process
- Notice of Claim: Your lawyer sends a formal notice to the negligent party and their insurer, starting the official process.
- Investigation and Medical Assessments: The insurer investigates your claim. You’ll likely need to attend appointments with independent medical specialists to assess your injuries and impact.
- Settlement Negotiation: Over 95% of claims settle out of court. Your lawyer negotiates a fair compensation amount based on evidence and legal precedents.
- Court Proceedings: While rare, this becomes necessary if a fair settlement cannot be reached through negotiation.
What Compensation Can You Claim?
Compensation aims to put you back in the financial position you would have been in had the accident not occurred. This breaks down into two main categories:
Economic Losses (The Tangible Costs)
- Medical expenses: Past and future costs for doctors, specialists, surgery, physiotherapy, and rehabilitation
- Lost income: Past and future lost wages and superannuation
- Care costs: Professional care services or compensation for family members providing care
Non-Economic Losses (The Intangible Impact)
- Pain and suffering: Compensation for physical and emotional distress
- Loss of enjoyment: For your inability to pursue hobbies, sports, or activities you once loved
Example Case Study
Meet Sarah, a teacher from Buderim who injured her back in a car accident on the Sunshine Motorway. Her common law claim included:
- Economic losses: $15,000 in medical expenses, $45,000 in lost income over two years, and $120,000 in estimated future lost earnings due to reduced capacity
- Non-economic losses: $80,000 for pain and suffering and loss of enjoyment of life
- Total settlement: $260,000
This comprehensive approach means Sarah received far more than the basic CTP statutory benefits would have provided.
Finding Trusted Personal Injury Lawyers on the Sunshine Coast
Why Local Expertise Matters
Working with lawyers who understand the Sunshine Coast community offers distinct advantages:
- Familiarity with local courts and legal procedures
- Established relationships with medical experts in the region
- Understanding of local conditions and hazards
- Personal investment in community outcomes
What to Look For in a Lawyer
- Specialisation: Choose lawyers who focus exclusively on personal injury law rather than generalists. Personal injury law is complex and constantly evolving. You need someone who lives and breathes this area of law.
- ‘No Win, No Fee’ Guarantee: This means you don’t pay legal fees unless your claim succeeds. Splatt Lawyers offers a 100% No Win, No Fee service, removing financial barriers to quality legal representation.
- Client Testimonials and Track Record: Look for reviews from other Sunshine Coast locals and evidence of successful outcomes in similar cases.
- Free Initial Consultation: Reputable firms offer no-obligation consultations to discuss your case and explain your options clearly.
Red Flags to Avoid
- Lawyers who guarantee specific outcomes
- Firms that pressure you to sign immediately
- Anyone asking for upfront payments for personal injury claims
- Lawyers who can’t clearly explain the process
Frequently Asked Questions
How long do I have to make a claim?
In Queensland, you generally have three years from the date of injury to commence legal proceedings. However, some circumstances can extend or shorten this timeframe, so seeking advice early is crucial.
Can I claim if I was partially at fault?
Yes, but your compensation will be reduced proportionally. For example, if you’re found 20% at fault, your settlement is reduced by 20%. However, you can still pursue a claim even with contributory negligence.
What if the other party has no insurance?
This can complicate matters, but options may still exist. In some cases, statutory schemes or other insurance policies might provide coverage. Your lawyer can explore all possibilities.
How much will a lawyer cost?
With Splatt Lawyers’ 100% No Win, No Fee guarantee, you pay nothing unless you win. Legal fees come from your settlement, and we cap our fees with no hidden charges.
Take Control of Your Future Today
A common law claim can provide crucial financial support after an injury caused by negligence. The process involves specific steps and strict time limits, but you don’t have to face this challenge alone.
Sunshine Coast residents have access to expert legal help right in their community. Don’t let an injury dictate your future or leave you struggling financially due to someone else’s negligence.