Personal Injury

If you are considering a claim, the personal injuries staff at Kelly Legal are happy to talk to you on an obligation free basis about what would be involved with proceeding with your claim and about issues such as costs, important time frames within which you must take action and records you should be keeping now.

“Personal Injuries” is a term that includes physical and psychological injuries to a person.  Depending on the circumstances, if these injuries are sustained because of someone else’s fault then that person may be liable to pay compensation.  There are many circumstances in which injuries can lead to compensation - the more common are:

  • Workplace injuries
  • Motor vehicle accidents
  • Slips, trips and falls

The following frequently asked questions may offer some insight into the legal process when a claim is made for personal injuries.

Q. Is there a time restriction for making a claim?

A. Yes, there are legal time limits regarding aspects of making injury claims.  Persons who believe that they may have an injury claim should seek legal advice immediately to make sure that these time limits are not missed.

Q. What records do I need to keep about the accident or injury?

A. There is important information you need to gather and records you need to keep right from when the injuries were caused.  Your solicitor can assist you with what information and records are relevant in your case.

Q. How do I know if I have a claim?

A. This will depend mainly on the two elements of the claim; liability and Quantum.

Q. What does ‘Liability’ mean when it involves a personal injuries claim?

A. Liability refers to whether or not it was actually the other person’s fault. 

Q. What does ‘Quantum’ mean?

A. Quantum refers to the amount of the claim and can generally be divided under three general headings:

  • Pain and suffering
  • Past economic loss - loss of income and medical costs between the time of the accident and the time of the claim.
  • Future economic loss - anticipated future loss of income and medical costs.

Q. Who pays the claim?

A. Although it is not always the case, usually people who have caused injury will have anâ�¨ insurer who protects them.  The insurer will then be a party to any legal proceedings for an injury claim.

Q. Do I have to go to court?

A. Possibly, but the process involves moving through a number of procedural ‘pre-trial’ legal steps which involve gathering of evidence such as medical reports and mediation steps in order to negotiate a settlement. The vast majority of matters settle without the necessity of a court case.

Q. How much will it cost me to make a claim?

A. A personal injuries claim can incur significant legal costs.  Law firms may offer various options for costs, with many firms offering some form of “no win no fee” option. 

Q. Do I qualify for “no win no fee” arrangement?

A. This will depend on a number of factors and an assessment of both liability and quantum.


Kelly Legal offers a no win no fee option for Personal Injuries matters. Please contact us for full information about how this works.  Our solicitors are available at our Mackay and Brisbane offices to assist you should you need the services of a Personal Injuries lawyer.

For assistance with Personal Injuries matters please contact:


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