What does that word mean?

Asking a higher court to review a decision because a party believes the court made an error.

Also called: motion

A request to a court for an order, for example to extend a time limit.

The standard of proof in a civil claim: the claimant must show their version is more likely than not.

The duty to prove the facts in dispute. In a compensation claim it usually rests on the claimant.

The link between the negligence and the injury. A claimant must show the negligence caused their injury or loss.

The injured person making a claim. Once court proceedings start, they are called the plaintiff.

A claim for damages based on negligence, as opposed to no-fault benefits such as WorkCover weekly payments.

A meeting the parties must hold before court proceedings start, to try to settle. If the claim does not settle, each side must make a written final offer.

When the injured person’s own lack of care contributed to their injury. Their damages are reduced by their share of responsibility.

Also called: green slip, third party insurance

Compulsory third party insurance, paid with vehicle registration. It covers people injured through the negligent use of a Queensland-registered vehicle.

Money awarded as compensation for an injury or loss.

The person or organisation sued in court. Before court, they are usually called the respondent.

Also called: wrongful death

A claim by people who relied on someone who died through another’s negligence, for the support they have lost.

Also called: discovery

The exchange of documents relevant to the claim between the parties.

A legal obligation to take reasonable care to avoid causing foreseeable harm to others.

Also called: lost wages, loss of earnings

Financial loss caused by an injury, such as lost wages, lost superannuation and a reduced ability to earn in the future.

Also called: punitive damages

Damages to punish a wrongdoer. In Queensland they are generally not awarded in personal injury claims, except for some unlawful intentional acts.

A person with specialised knowledge, such as a doctor or engineer, who gives an opinion to help the court.

Also called: pain and suffering, non-economic damages

Compensation for pain, suffering and loss of enjoyment of life. In Queensland it is worked out using an injury scale value.

Care and help given free by family or friends because of an injury. It can be claimed if it meets set thresholds, generally at least six hours a week for at least six months.

Also called: IME

An assessment by a doctor who is not treating you, often arranged by an insurer to report on your injuries.

A number from 0 to 100 given to an injury under Queensland’s injury scale, used to calculate general damages.

The company that holds the insurance policy, and usually handles and pays the claim for the person or business at fault.

The court’s final decision in a case.

Also called: attorney-client privilege, client privilege

The rule that keeps confidential communications between you and your lawyer, made for legal advice or a court case, from being disclosed.

Legal responsibility for an injury or loss. When liability is admitted, the other side accepts it is responsible, at least in part.

Also called: statute of limitations, time limit

The time limit for starting court proceedings. For most injury claims in Queensland it is three years from the date of injury, with different rules for children and some other cases.

A meeting with an independent mediator who helps the parties try to settle.

Also called: medical malpractice

Care by a doctor, hospital or other health provider that falls below the accepted standard and causes harm.

A failure to take reasonable care that causes injury or loss to someone who was owed a duty of care.

The formal notice of an injury damages claim. CTP uses a notice of accident claim; public liability uses PIPA Part 1; medical negligence starts with an initial notice. Their deadlines differ and can fall due within months.

A risk that would have been obvious to a reasonable person in your position. There is usually no duty to warn of an obvious risk.

Also called: premises liability

The responsibility of people who own or control a place to take reasonable care for the safety of those who enter.

Also called: special damages, medical bills

Costs you have paid because of an injury, such as medical bills, medicines and travel to treatment. Also called special damages.

The Personal Injuries Proceedings Act 2002 (Qld), which sets the steps before court for most injury claims that are not road or work claims.

The person who starts a court case.

An earlier decision of a higher court that guides how later courts decide similar cases.

The responsibility of manufacturers and suppliers for injuries caused by unsafe or defective goods.

Treatment and support to help you recover and return to work and daily life.

The person or organisation a claim is made against before court proceedings start.

An agreement that resolves a claim, usually for an agreed amount, without a court decision.

Also called: complaint

The court document that sets out the claimant’s case when proceedings start.

No-fault payments under legislation, such as WorkCover weekly payments and medical expenses.

A civil wrong, such as negligence, for which a court can award damages.

Also called: total and permanent disability

A claim for a total and permanent disability benefit, often under insurance held through superannuation.

Words marking settlement talks or offers that generally cannot be used as evidence in court.

The insurer for most Queensland employers. It pays benefits to injured workers and handles claims against employers.

Also called: workers comp

No-fault benefits for workers injured at work, such as weekly payments and medical costs. In Queensland most claims are made to WorkCover Queensland.