Travel accidents · Visitors to Queensland
An injury in Queensland is decided under Queensland law, wherever you live. Going home doesn’t stop the time limits, and the claim can run while you’re overseas.
Time limits · Queensland law
The notice of claim is due within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. The CTP notice is due within 9 months of the crash (or of first symptoms, if later), or 1 month after you first consult a lawyer about a possible claim, whichever comes first; if the vehicle can’t be identified, within 3 months. Leaving Australia doesn’t pause any of these time limits.
Which rules apply
Hotels, tours, theme parks, shops, restaurants and footpaths.
Farm work, hospitality and other jobs, including on a working holiday.
As a pedestrian, cyclist, passenger or driver.
Connections
It depends on how you were hurt. We work out who to claim against, and which scheme pays.
How it happened
Most visitor claims start in one of these places.
Slips, trips and falls where a business didn’t take reasonable care.
Falls on boats and jetties, and injuries on snorkel and dive trips.
Ride, activity and attraction injuries.
As a pedestrian, cyclist, passenger or driver.
Farm, hospitality and construction work.
Check-in
Baggage claim
Queensland’s Civil Liability Act 2003 sets how damages are assessed.
Now boarding
In order, from the first call to court if it’s needed.
Costs
No win, no fee*
If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
You decide whether to go ahead once you know your options and the likely costs.
Fees and outlays are set out in a costs agreement before we start.
Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)
Information desk
Yes. Queensland law applies to an injury here, wherever you live.
No. The claim can run while you’re home, although you may need medical examinations, and sometimes to give evidence.
The at-fault vehicle’s CTP insurer. Notice of the claim is due within 9 months of the crash (or of first symptoms, if later), or 1 month after you first consult a lawyer about a possible claim, whichever comes first. If the vehicle can’t be identified, the claim is against the Nominal Defendant, and notice is due within 3 months.
Lodge a WorkCover claim within 6 months. If your employer was negligent, a damages claim may follow.
Notice of claim within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. For a road crash, the CTP notice is due within 9 months of the crash (or of first symptoms, if later), or 1 month after you first consult a lawyer about a possible claim, whichever comes first; within 3 months if the vehicle can’t be identified. WorkCover claims within 6 months; court action generally within 3 years (for a child, from 18). Going home doesn’t stop these time limits.
Travel insurance may pay some costs, such as medical bills or getting home. A claim against whoever was responsible is separate, although your insurer may be entitled to recover what it paid.
Who carries the risk when an adventure activity goes wrong — and what a signed waiver can and cannot take away from you.
When a hotel gym injury is the venue’s responsibility, what a membership waiver can exclude, and what it cannot.
What to do after a workplace injury — in the order it has to happen, with the dates that decide whether your claim survives.
Going home doesn’t stop the time limits. Talk to a lawyer now. There’s no obligation to go ahead.
General information only, not legal advice about your situation. No win, no fee*: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.
