Claims that can arise from incidents on the road, at work, when travelling and in public or private places across Australia, and the steps to take straight away.
Not sure which area applies? At the no-obligation first consultation, a lawyer confirms the area, the time limits and the next steps.Start your case reviewContact our team
Getting started
How to get started.
Three steps from your first call to knowing where you stand, and six things worth doing straight away.
1TODAYCall, chat or send your detailsCall 1300 529 529, chat online, or use the short form. It takes a few minutes.
2WITHIN 2 BUSINESS HOURSAn injury expert examines your circumstances and makes contactAn injury expert examines every enquiry, and we will be in touch within 2 business hours.
3AT YOUR FIRST CONSULTATIONNo-obligation first consultationWe explain your options, the time limits and the costs in writing. You decide whether to go ahead.
OFFICE HOURSCall us during business hours.Monday to Friday, 8:30 am to 5:00 pm.
Carter Capner Law provides insurance and compensation recovery services to people across Australia. Our team of no win, no fee** lawyers act for individuals and families on compensation claims.
The no win, no fee** terms we offer in most compensation practice areas are set out in a written costs agreement that is fully transparent and consumer protection compliant.
No-obligation first consultationNo upfront professional feesWe set out our costs in writing at the start.Fully transparent legal costs
We are committed to finding smarter ways to deliver legal services.
Wherever appropriate, we use artificial intelligence (AI) and other advanced technologies to streamline repetitive and time-consuming tasks involved in personal injury claims. This helps us work more efficiently, reduce costs to clients and optimise the value we provide.
AI supports our injury experts by helping us to complete some routine tasks in less time but always requires careful verification by a lawyer expert.
All decisions, advice and strategic recommendations are those of a personal injury expert and have the benefit of the decades of experience, skill and judgment of our entire team.
How we run your claim
Evidence first. Then negotiation.
We protect the time limits, gather the evidence and value the claim before negotiating with the insurer.
PHASE 1Evidence firstTime limits, medical evidence and the valuation.
PHASE 2Then negotiation
STAGE 1The first weeksTime limits protected and evidence kept from the start.
Limitation diary and Notice of Accident Claim preparation (CTP)Evidence and witness preservation planEarly rehabilitation funding requests, where appropriate
STAGE 2Independent medical examinersSpecialist evidence, briefed once your injuries stabilise.
Independent medical examinations by disciplineCausation, impairment and capacity analysisCompliance with the court’s expert code of conduct (UCPR)
STAGE 3Evidence-led valuationWe value each head of damage using records, medical opinion and the Queensland valuation rules.
General damages on the injury scale (Civil Liability Regulation, ISV tables)Past and future income loss, and superRefunds and outlays checked (Medicare, Centrelink)
STAGE 4Conference and negotiationMost claims go to a compulsory conference first, and to court if they don’t settle.
Compulsory conference strategy and mediationMandatory final offers aligned to MAIA cost thresholds and MAIC guidanceCourt proceedings if the claim doesn’t resolve
THROUGHOUT YOUR CLAIM
No win, no fee**Costs explained in plain English up front, with statutory protections that cap and control fees in personal injury matters.No upfront legal feesProfessional fees payable only if your claim succeeds
Queensland schemesCTP (MAIA), public liability and medical matters (PIPA/CLA), and NIISQ, statewide, in person or remote.Queensland scheme rules apply statewideIn-person or video consultationsNext steps explained at each stage
No win, no fee**You don’t pay our professional fees if your claim is unsuccessful in the ordinary case.
Outlays and professional feesOutlays are out-of-pocket costs paid to others, such as medical reports and court fees. We may pay them as the claim runs. If your claim succeeds, outlays are repaid from your settlement at cost. If your claim does not succeed, we absorb those outlays in most cases, unless you have agreed to pay them under your costs agreement.
Fully transparent legal costsThe no win, no fee* terms we offer in most compensation practice areas are set out in a written costs agreement that is fully transparent and consumer protection compliant. Conditional costs agreements have a 5-business-day cooling-off period, and we explain every term in plain English before you sign.
Pick the kind of claim to see its time limits and the steps it goes through.
QUEENSLAND
OTHER STATES AND TERRITORIES
AIR TRAVEL
TIME LIMITS
9monthsto give the Notice of Accident Claim, or 1 month after you first see a lawyer, if that is earlier.MAIA s 37
3monthsif the other vehicle can’t be identified: notice to the Nominal Defendant.MAIA s 37
3yearsto start court proceedings, usually from the day of the injury.Limitation of Actions Act s 11
60daysto start court proceedings after the compulsory conference, if the claim hasn’t settled.MAIA s 51D
THE STEPS · ROAD ACCIDENT
A road accident claim, step by step
1Assemble informationFirst weeksPhotos, the police event number, the other driver’s details and your account.
2Notice of Accident ClaimWithin 9 months, or 1 month after you first consult a lawyer, if earlierThe CTP insurer is told of the claim, with the facts and injuries.
3Records and evidenceWhile treatment continuesMedical, earnings and treatment records, and the evidence of fault and loss.
4Medical assessmentOnce injuries stabilise, often 9–12 monthsIndependent specialists report on impairment and capacity for work. The insurer may arrange its own.
5Valuation and conferenceWhen the evidence is completeEach part of the loss is valued, then the compulsory conference tries to settle without court.
6Court proceedingsWithin 60 days after the conferenceIf the claim hasn’t settled, proceedings are filed and a judge may decide it.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
TIME LIMITS
6monthsto lodge a WorkCover application after your right to compensation arises.WCRA s 131
3yearsto start court proceedings, usually from the day of the injury.Limitation of Actions Act s 11
THE STEPS · INJURED AT WORK
A work injury claim, step by step
1WorkCover applicationWithin 6 monthsThe application for statutory benefits: weekly payments and medical costs.
2Benefits and rehabilitationWhile treatment continuesWorkCover pays benefits and supports your return to work while you recover.
3Impairment assessedOnce injuries stabiliseYour permanent impairment is assessed, which affects what can be claimed next.
4Notice of claim for damagesWithin the 3-year limitIf your employer was at fault, a damages claim is started with a notice of claim.
5Conference and negotiationBefore any court filingA compulsory conference with the insurer to try to settle without court.
6Court proceedingsIf the claim hasn’t settledProceedings are filed and a judge may decide the claim.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
TIME LIMITS
9monthsto give Part 1 (public liability) or the initial notice (medical negligence), or 1 month after instructing a lawyer and identifying the respondent, if earlier.PIPA ss 9, 9A
3yearsto start court proceedings, usually from the day of the injury.Limitation of Actions Act s 11
60daysto start court proceedings after the compulsory conference, if the claim hasn’t settled.PIPA s 42
THE STEPS · PUBLIC PLACE, PRODUCT OR MEDICAL
A public liability or medical claim, step by step
1Assemble informationFirst weeksPhotos, the incident details, who owns or runs the place, and your account.
2First noticeWithin 9 months, or 1 month after instructions and respondent identification, if earlierPublic liability: Part 1 notice. Medical negligence: initial notice, then Part 1 with an expert report within 12 months after the required response and records are provided.
3Records and evidenceWhile treatment continuesMedical, earnings and treatment records, and the evidence of fault and loss.
4Medical assessmentOnce injuries stabilise, often 9–12 monthsIndependent specialists report on impairment and capacity for work.
5Valuation and conferenceWhen the evidence is completeEach part of the loss is valued, then the compulsory conference tries to settle without court.
6Court proceedingsWithin 60 days after the conferenceIf the claim hasn’t settled, proceedings are filed and a judge may decide it.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
ROAD AND OTHER INJURY CLAIMS
Road injuries may involve the NSW motor accident scheme. Public or private place, recreational and medical injuries follow separate negligence pathways.
TIME LIMITS
28daysEarly road applicationApply within 28 days of the accident to preserve weekly payments from the day after the accident. Report to police within 28 days unless police attended.Service NSW · road injury benefits
3monthsRoad injury benefitsOrdinarily lodge the statutory benefits claim within three months of the accident. Late applications need separate consideration.SIRA · Motor Accident Guidelines
3yearsRoad damagesOrdinarily claim damages and protect the court deadline within three years of the accident. Separate procedural and time-suspension rules can apply.SIRA · common-law damages
3yearsOther injury proceedingsGenerally the earlier of three years from discoverability and 12 years from the act or omission. Special rules and limited extensions need checking.Limitation Act · ss 50C–50D
THE STEPS · NEW SOUTH WALES
An injury claim in New South Wales, step by step
1Get the care you needStraight awaySee your doctor, follow treatment and keep appointment records.
2Write down what happenedWhile it’s freshNote the date, place, what happened and who was there.
3Keep your evidenceFrom the startPhotos, receipts, payslips, messages and copies of any reports you made.
4Talk to us earlyAs early as possibleCall 1300 529 529 so we can check which time limits and notices apply where you were injured.
5We prepare your claimBefore any time limitWe gather records and prepare the claim and any required notices.
6We work to resolve itUntil it’s resolvedWe negotiate on your behalf, protect any court deadline and keep you updated at each step.
Workplace injuries in New South Wales follow a separate workers compensation scheme with its own time limits.
Road scheme summary for accidents from 1 December 2017. Fault, injury thresholds and the accident date affect which compensation is available.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
TAC AND OTHER INJURY CLAIMS
Road injuries generally begin with a TAC claim. Public or private place, recreational and medical negligence claims have their own evidence and compensation requirements.
TIME LIMITS
12monthsTAC applicationOrdinarily from the accident or the accident-related injury first becoming evident. TAC may accept some claims within three years with reasonable grounds for delay.TAC · making a claim
6yearsTAC common-law proceedingsGenerally from the accident. Fault and a qualifying serious injury are required. Special rules apply to children and exceptional extensions.TAC · common-law compensation
3yearsOther injury proceedingsGenerally from discoverability, subject to a separate 12-year limit from the act or omission, disability rules and possible extensions.Limitation of Actions Act · Part IIA
THE STEPS · VICTORIA
An injury claim in Victoria, step by step
1Get the care you needStraight awaySee your doctor, follow treatment and keep appointment records.
2Write down what happenedWhile it’s freshNote the date, place, what happened and who was there.
3Keep your evidenceFrom the startPhotos, receipts, payslips, messages and copies of any reports you made.
4Talk to us earlyAs early as possibleCall 1300 529 529 so we can check which time limits and notices apply where you were injured.
5We prepare your claimBefore any time limitWe gather records and prepare the claim and any required notices.
6We work to resolve itUntil it’s resolvedWe negotiate on your behalf, protect any court deadline and keep you updated at each step.
Workplace injuries in Victoria follow a separate workers compensation scheme with its own time limits.
Serious-injury and significant-injury requirements differ between pathways. Recreational warnings or waivers and the circumstances of medical care also need individual assessment.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
MAI AND OTHER INJURY CLAIMS
Road accidents may fall under the MAI defined-benefits scheme. Other injury claims can require early written notice as well as separate court proceedings.
TIME LIMITS
13weeksMAI benefits applicationOrdinarily from the accident. Report to police within 24 hours if police did not attend. Late applications have separate conditions.ACT MAIC · how to apply
5yearsRoad common-law proceedingsGenerally from injury under the modern MAI scheme. Eligibility requirements and separate assessment-linked claim and notice deadlines can alter this period.Limitation Act · s 16AA
9monthsOther injury notice (can be earlier)Ordinarily nine months from the accident (or first symptoms if not immediately apparent), or four months after the later of instructing a lawyer and identifying the respondent, whichever deadline is earlier.Civil Law (Wrongs) Act · s 51
3yearsOther injury proceedingsGenerally from injury. Disease or disorder has a specified knowledge trigger. Child, extension and other statutory provisions may change the deadline.Limitation Act · s 16B
THE STEPS · AUSTRALIAN CAPITAL TERRITORY
An injury claim in the Australian Capital Territory, step by step
1Get the care you needStraight awaySee your doctor, follow treatment and keep appointment records.
2Write down what happenedWhile it’s freshNote the date, place, what happened and who was there.
3Keep your evidenceFrom the startPhotos, receipts, payslips, messages and copies of any reports you made.
4Talk to us earlyAs early as possibleCall 1300 529 529 so we can check which time limits and notices apply where you were injured.
5We prepare your claimBefore any time limitWe gather records and prepare the claim and any required notices.
6We work to resolve itUntil it’s resolvedWe negotiate on your behalf, protect any court deadline and keep you updated at each step.
Workplace injuries in the Australian Capital Territory follow a separate workers compensation scheme with its own time limits.
MAI road summary for accidents from 1 February 2020. Common-law notices can be due within three months of specified eligibility, assessment or review events.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
MOTOR AND OTHER INJURY CLAIMS
Road injury claims are notified to the Insurance Commission of Western Australia. Premises, recreational and medical injuries require their own assessment of responsibility.
TIME LIMITS
PromptlyRoad injury noticeNotify ICWA as soon as practicable. Report your injury even if another person has already reported the crash.ICWA · injury claims process
3yearsPersonal injury proceedingsGenerally from the earlier applicable date of awareness or the first symptom, clinical sign or manifestation of a not insignificant injury. Exceptions need checking.Limitation Act · ss 14, 55
Checkthe pathwayOther injury claimsPublic or private premises, recreational activity and medical care have different liability rules. A road benefits application does not replace the court deadline.Civil Liability Act
THE STEPS · WESTERN AUSTRALIA
An injury claim in Western Australia, step by step
1Get the care you needStraight awaySee your doctor, follow treatment and keep appointment records.
2Write down what happenedWhile it’s freshNote the date, place, what happened and who was there.
3Keep your evidenceFrom the startPhotos, receipts, payslips, messages and copies of any reports you made.
4Talk to us earlyAs early as possibleCall 1300 529 529 so we can check which time limits and notices apply where you were injured.
5We prepare your claimBefore any time limitWe gather records and prepare the claim and any required notices.
6We work to resolve itUntil it’s resolvedWe negotiate on your behalf, protect any court deadline and keep you updated at each step.
Workplace injuries in Western Australia follow a separate workers compensation scheme with its own time limits.
Catastrophic crash injuries may also qualify for CISS support under separate eligibility and application rules. Older injuries, children and extensions need individual checks.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
MAIB AND OTHER INJURY CLAIMS
Road injuries may involve MAIB benefits as well as a separate damages claim. Public or private place, recreational and medical claims depend on the applicable liability rules.
TIME LIMITS
12monthsMAIB applicationApply to MAIB within 12 months of the accident and report the crash to police promptly. Separate rules govern particular benefits and late claims.MAIB · benefits guide
3yearsPersonal injury proceedingsGenerally from statutory discoverability. Knowledge of the injury, its connection to the defendant and its significance matters. Extensions and historical rules need checking.Limitation Act · ss 2, 5A
3monthsCertain road injury noticesA separate notice rule can apply where the vehicle is unidentified, or the liable person has died or cannot be found after reasonable inquiry and search. Check this early.Motor Accidents Act · s 16
THE STEPS · TASMANIA
An injury claim in Tasmania, step by step
1Get the care you needStraight awaySee your doctor, follow treatment and keep appointment records.
2Write down what happenedWhile it’s freshNote the date, place, what happened and who was there.
3Keep your evidenceFrom the startPhotos, receipts, payslips, messages and copies of any reports you made.
4Talk to us earlyAs early as possibleCall 1300 529 529 so we can check which time limits and notices apply where you were injured.
5We prepare your claimBefore any time limitWe gather records and prepare the claim and any required notices.
6We work to resolve itUntil it’s resolvedWe negotiate on your behalf, protect any court deadline and keep you updated at each step.
Workplace injuries in Tasmania follow a separate workers compensation scheme with its own time limits.
Premises accidents, dangerous recreational activities and medical treatment have different liability rules. The three-year court period is separate from MAIB applications and early road notices.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
DOMESTIC AND INTERNATIONAL TRAVEL
The itinerary, operator and circumstances determine the aviation pathway. Covered passenger injury claims generally concern an accident onboard or during embarking or disembarking.
TIME LIMITS
2yearsCovered domestic passengersGenerally from arrival. If the aircraft does not arrive, the later of the expected arrival and the date carriage stopped is used under the domestic provision.Carriers’ Liability Act · s 34
2yearsCovered international passengersThe convention court limit runs by reference to arrival, expected arrival or when carriage stopped. The applicable convention and itinerary must be checked.Montreal Convention · Article 35
Checkthe operationOther aircraft injuriesGround injuries, crew, flight training and other operations may involve different laws and deadlines. Passenger rules do not cover every aircraft injury.Australian Government · carrier liability
THE STEPS · AIRLINE/AIRCRAFT
An aviation injury claim, step by step
1Get medical careStraight awayKeep records of treatment, including any care received overseas.
2Record the flight detailsWhile it’s freshOperator, flight number or aircraft registration, date and route.
3Keep travel documentsFrom the startTicket, booking, boarding pass, baggage tags and messages from the operator.
4Report it and keep copiesAs soon as you canReport the incident to the operator and keep copies of what you send and receive.
5Talk to us earlyAs early as possibleCall 1300 529 529 so we can check which rules and time limits apply.
6We prepare and pursue your claimBefore any time limitWe gather the evidence, check which rules apply and pursue the claim, keeping you updated at each step.
A two-year passenger limit concerns starting court action. Reporting to the airline alone does not meet that requirement. Preserve tickets, the complete itinerary and incident reports.
A general guide. Exceptions apply, for example for children and for symptoms that appear later, and a missed limit can end a claim. We check your dates when you first call.
A claim looks at what the injury has cost you so far, and what it will cost from here.
UP TO TODAYWhat it has cost so far
Treatment so farHospital, doctors, physio, medication and aids already paid for.
Lost income and superWages, and the employer super on them, lost while the injury kept you from work.
Care so farPaid care, and help from family and friends where the scheme allows.
Travel and expensesTravel to treatment and other costs the injury caused.
TODAY
FROM HERE ONWhat it will cost from here
Future treatmentTreatment, rehabilitation and medication you are likely to need.
Future earning capacityWhere the injury affects the work you can do from here on, including super.
Future careCare and help at home you are likely to need.
Aids and changesEquipment, and changes to your home or car, that the injury makes necessary.
AND ALSO
Pain and sufferingGeneral damages for the injury itself, assessed on Queensland’s injury scale.
Insurance benefitsTPD, income protection and other policies, often held through super.
What can be claimed depends on the scheme and the facts. WorkCover benefits differ from a damages claim. We explain what applies to you at the first consultation.
Insurance payouts
Your own insurance may pay too.
Income protection, TPD and sickness and accident cover, often held through super, can respond whoever was at fault, alongside any claim against the party responsible.
1 · A COMPENSATION CLAIMAgainst whoever was at faultA claim for damages against the person or business responsible, usually paid by their insurer.
Road: the CTP insurer of the vehicle at faultWork: WorkCover Queensland or a self-insurerPublic place or medical: the occupier’s or provider’s insurer
Each scheme has its own notices and time limits, set out in How your claim is prepared above.
+AND
2 · YOUR OWN INSURANCEWhoever was at faultCover you hold yourself, often through your super fund. It can respond whether or not anyone else was at fault.
Income protectionA monthly benefit, usually part of your income, while an injury keeps you off work.
TPDTotal and permanent disablement: a lump sum if you’re unlikely to return to work suited to your training and experience.
Sickness and accidentCover for set injuries, or for time off work after one.
Travel insuranceMedical and other costs after an injury while you travel.
STEP 1Tell us where your claim is up toWe look at the notices given, the time limits and the evidence gathered so far.
STEP 2We explain the costs firstIncluding how the costs already incurred are handled when a file moves, before you decide.
STEP 3Your file moves acrossWith your written authority, we ask your current lawyer to transfer the file.
Your questions
Your questions, answered.
Common questions about our no win, no fee** compensation service. The answers are general; your own situation is covered at the no-obligation first consultation.
You don’t pay our professional fees if your claim is unsuccessful in the ordinary case. If your claim succeeds, outlays are repaid from your settlement at cost. If your claim does not succeed, we absorb those outlays in most cases, unless you have agreed to pay them under your costs agreement. If court proceedings have been commenced, a court may also order you to pay a contribution to the other party’s legal costs, but following our advice will NEVER put you in the position of having to pay the opposite party’s legal costs. We explain this in writing before you sign, and again in detail before any proceedings are commenced.
On the injury claims we accept, we act on a no win, no fee** basis. If your claim succeeds, our professional fees are paid from the settlement. Every cost is set out in a written costs agreement before any work starts.
The no win, no fee* terms we offer in most compensation practice areas are set out in a written costs agreement that is fully transparent and consumer protection compliant.
You don’t pay our professional fees if your claim is unsuccessful in the ordinary case. If your claim succeeds, outlays are repaid from your settlement at cost. If your claim does not succeed, we absorb those outlays in most cases, unless you have agreed to pay them under your costs agreement. If court proceedings have been commenced, a court may also order you to pay a contribution to the other party’s legal costs, but following our advice will NEVER put you in the position of having to pay the opposite party’s legal costs. We explain this in writing before you sign, and again in detail before any proceedings are commenced.
These are outlays. Who pays them, and when, is set out in your costs agreement. If your claim succeeds, outlays are repaid from your settlement at cost. If your claim does not succeed, we absorb those outlays in most cases, unless you have agreed to pay them under your costs agreement.
Every cost is set out in your written costs agreement before any work starts, and in our disclosures as the claim runs, so you know what you are being charged and why.
Yes. Most injury claims must be started in court within three years, and notices are often due much sooner. CTP: 9 months, or 1 month after first seeing a lawyer, if earlier. Public liability or the initial medical notice: 9 months, or 1 month after instructing a lawyer and identifying the respondent, if earlier. WorkCover: 6 months after entitlement arises, usually the first medical assessment. Ask early.
An Injury Expert conducts every claim from the first consultation to settlement, with paralegals and support staff alongside. You’ll know who they are, and how to reach them, from the start.
Carter Capner Law acts for individuals, families and small businesses on compensation claims. Meet us at one of our offices, or by phone or video wherever you are. Monday to Friday, 8:30 am to 5:00 pm.
Find out where you standA no-obligation first consultation with a compensation lawyer.
How the loss is valuedWe value each part of your claim against the applicable rules before negotiating.
How we report to youWe report to you at each stage and take your instructions before each key step.
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