Legal Glossary

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Accredited Personal Injury Specialist For a lawyer to be accredited, they must have proven experience in the area of accreditation and successfully complete an advanced, peer reviewed assessment program specific to their area of speciality. This accreditation is awarded by the Queensland Law Society.
Attorney An attorney or lawyer is the person who is appointed to act on the behalf of an individual or business in legal matters.

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CTP Insurance or Compulsory Third Party Insurance Compulsory Third Party is mandatory personal injury insurance for every motor vehicle registered in Australia.
Claimant Also known as plaintiff, this is a term used to describe the party who initiates a lawsuit.
Compensation Compensation refers to the amount of money you should receive to compensate you for your injuries. Compensation will typically cover pain and suffering, loss of income, rehabilitation and treatment.
Case Conferencing A case conference is a discussion about your treatment, rehabiitation or return to work, and is usually held between you, your treating doctor or rehabilitation provider and the Work Cover customer advisor. A case conference can be held face-to-face or by telephone.
Common Law Claim A common law claim is when you seek compensation for an injury where negligence is involved. This includes claiming an amount for damages sustained for pain and suffering, loss of income and past, present and future expenses incurred due to your injury.

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Damages Damages refers to the extent of your pain and suffering, past and future loss of income, rehabilitation and treatment costs and other out of pocket expenses incurred because of your injuries. The amount of compensation you get will depend on the damages.

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Fatal Injuries A fatal injury means a personal injury resulting in death of the injured person. If you are a relative or a dependant of someone who is fatally injured, you may be able to claim funeral expenses and/or financial loss that may arise from the main income provider.
Fatal Injury Claim Form If you are the relative or dependant of a person who has been fatally injured in an accident due to negligence of another person, you can file a fatal injury claim form to claim for loss or expenses.
Free Claim Review or Free Case Review A free claim review is where you submit details of your accident and the lawyer will see if you've got a case for compensation, at no charge.
Free No Obligation Initial Consultation A free face-to-face appointment with the lawyer to discuss your claim in more detail. This meeting will happen after your initial free claim review.

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General Damages The amount of compensation a person can seek for mental distress or physical injury. Sometimes general damages is also called pain and suffering.

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IME or Independent Medical Examination In many situations, a solicitor and/or insurance company will want to have an injured person seen by a particular doctor in order to obtain on objective evaluation of the person’s health, any permanent impairment caused by the injuries, details of future treatment required and the effects that the injuries may have on a person’s employment.
ISV or Injury Scale Value General damages are calculated by first working out an ISV. Under the ISV system, injuries are assigned a point value between zero and 100, where zero relates to an injury not severe enough to justify any award for general damages and 100 is the most severe injury possible.
Injured Person Refers to the person who has sustained an injury and filing a compensation claim.

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Liability When you are legally responsible for something.
Legal Costs Legal costs refer to the professional fees and other outlays that are involved in making a personal injury claim.
Lump Sum Compensation When someone sustains a permanent impairment as a consequence of a workplace accident, they will be offered a lump sum payment by WorkCover. If you are not happy with the offer, you can seek professional advice from a lawyer about your options.
Law Society A body that regulates lawyers and legal practices.

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MVA or Motor Vehicle Accident Motor Vehicle Accident
Medical Certificate A form that is completed by your treating doctor. They can be a general practitioner (GP), a treating specialist or a hospital-based doctor. Medical certificates are used as evidence in a personal injury claim to help prove the extent of your injuries and the past and future out of pocket expenses for rehabilitation and treatment.

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No Win No Fee In a ‘no win ‐ no fee’ costs agreement, a lawyer agrees with a client not to charge any fees for their services unless and until the client ‘wins’ their case. The lawyer agrees to take the risk that the case might lose – and if this happens, the lawyer does not charge any fees. The client agrees to pay the lawyer if the case succeeds (typically, but not always, out of the money recovered from the other party). At GC Law our no win no fee agreement also includes all of the outlays (for example medical reports and barrister’s fees) – this is different to most PI law firms.
Negligence Failure to take reasonable care to avoid causing injury or loss to another person.
Notice of Claim When you are seeking compensation for a personal injury, you are required to fill out a notice of claim form which is sent to the CTP insurance company or WorkCover. GC Law fills out this form on your behalf.
Notice to Respondent This refers to the act of sending the person who caused you injury (the respondent) a notice of claim.
Non-Compliance If the respondent does not think the notice of claim is compliant with the legislation, they are required to give details of non-compliance and a reasonable time period for the claimant to make the notice of claim compliant.
Notice of Accident Claim Form To make a personal injury claim for a motor vehicle accident, you must complete the Notice of Accident Claim Form which will be lodged with the insurer or nominal defendent if the car is uninsured or unregistered.
Nominal Defendant If the at-fault driver of a motor vehicle accident does not have insurance or is unidentified (flees the scene), the injured party can still claim compensation through the Nominal Defendant government insurance scheme.

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PI or Personal Injury Claim A personal injury claim is a claim for compensation relating to the physical and/or mental injuries sustained in an accident.
Proper Respondent The person who caused your injury. Once you give notice of claim to the respondent, they will confirm with you that they are the proper respondent by accepting your claim.
Permanent Impairment Permanent impairment refers to the permanent loss of a bodily function due to an injury.
Professional Fees These fees are charged for the legal services and professional expertise provided to make your claim.

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Report of Traffic Incident to Police Form If you have confirmed the Queensland Police Service don't have a report of the accident you were involved in, this form is used to provide details of the injured person, the accident, other injured persons and witnesses.
Rehabilitation and Treatment Expenses Refers to the costs incurred by the injured person to treat their injuries, both physical and phsychological.

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Strict Time Limits The law imposes strict time limits to making a claim for motor vehicle accidents, work accidents and public liability. Failure to comply with the strict time limits can make your claim for compensation invalid. Different time limits apply to different types of claims so it's important to get advice as soon as possible after an accident.
Statutory Benefits Claim As opposed to a common law claim, a statutory benefits claim is when compensation is paid regardless of who was at fault for caused the injury in a workplace accident.
Settlement Settlement refers to when both parties agree on an amount of compensation in a personal injury case.

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TPD or Total and Permanent Disability TPD benefits are available if an injured person is permanently unable to work in their usual occupation due to physical or mental disability or ill health. TPD claims will give an indvidual access to a lump sum payment which can be used for medical costs, paying off debts and providing a steady stream of income.

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WPI or Whole Person Impairment A measurement of the degree of permanent impairment expressed as a percentage of the whole person.
Witnesses A witness is someone who saw the accident take place.
Workers' Compensation or WorkCover claim Workers' Compensation is a form of insurance which provides compensation to an injured employee.  It is compulsory for employers to have workers compensation insurance in Queensland.
Wrongful Act A wrongful act is the term given to a negligent act causing injury to another.

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