The honest answer is one to two years for most claims, longer for the most serious injuries and for claims where fault is disputed. That is not slowness for its own sake. Two things set the pace, and understanding them makes the wait easier to bear and the outcome better.

Key points

  • Most Queensland injury claims resolve within one to two years; serious or disputed claims take longer.
  • The pace is set by when the injury stabilises and by a legislated pre-court sequence: notice, six-month liability response, evidence, compulsory conference, then court within 60 days if needed.
  • A claim settled before the injury has stabilised is settled on a guess and cannot be reopened.

The first thing: your injury has to stabilise

A claim is valued on the lasting effect of the injury: what you can and cannot do once treatment has done what it can. Doctors call this point maximum medical improvement or stabilisation. Before it, nobody, including your own specialist, can say with confidence whether you will return to your old work, need surgery, or live with permanent pain. A claim settled before that point is settled on a guess, and once settled it cannot be reopened.

For a soft-tissue injury, stabilisation may take six to twelve months. For a fracture with surgery, twelve to eighteen. For a serious spinal, brain or psychiatric injury, longer. This is the single biggest reason claims take the time they do, and it is the reason a fast early offer from an insurer should be treated with care.

The second thing: the legislated sequence

Queensland's CTP, workers' compensation and public liability schemes all run a pre-court process that has to be completed before anyone can start proceedings. The steps are fixed by legislation, and each has its own timeframe.

Notice. The claim starts with a formal notice to the insurer or responsible party: a Notice of Accident Claim under the Motor Accident Insurance Act, a Notice of Claim under PIPA, or, for a workers' compensation damages claim, a Notice of Claim for Damages. The insurer must acknowledge it and, within six months, say whether it accepts liability.

Investigation and evidence. Both sides gather what they need: your medical records and specialist reports, employment and financial records, incident reports, statements, footage. Where treatment is ongoing, the CTP or WorkCover insurer funds it during this period. This stage overlaps with stabilisation and usually takes the longest.

Compulsory conference. Once the evidence is in, the parties must meet at a compulsory conference, usually with lawyers present on both sides, to try to settle. Each side must have disclosed its material beforehand and exchange written final offers at the end. The great majority of claims settle at the conference or in the weeks after it.

Court, if it does not settle. If the conference fails, proceedings must be started within 60 days. Even then, most claims settle before trial. Trials are the exception.

What a lawyer can and cannot speed up

A lawyer cannot make an injury stabilise faster. What a lawyer can do is make sure nothing else adds time: serve the notice early, chase the insurer's six-month liability response, line up specialist appointments as soon as the treating doctors say the injury is stable rather than months later, and have the evidence complete before the conference so it is not adjourned. A well-run claim reaches the conference the month the medical evidence is ready. A poorly run one drifts.

What happens after settlement

Settlement funds are paid to your lawyer's trust account, refunds to Medicare, Centrelink, WorkCover or a health fund are deducted, fees and outlays are deducted as set out in your costs agreement, and the balance is paid to you. Statutory refunds can take several weeks to be calculated by the agencies concerned, which is the usual reason for a gap between "settled" and "paid".

Frequently asked questions

What is a compulsory conference? A meeting the parties must attend before court proceedings can start, with authority to settle. Each side exchanges its material beforehand and makes a written final offer at the end. Most claims settle there or soon after.

Can I speed up my claim? You cannot make an injury stabilise faster, but a well-run claim serves notice early, holds the insurer to its six-month response, and has the medical evidence ready the month it can be, so the conference is not delayed.

Why is there a gap between settlement and payment? Refunds to Medicare, Centrelink or WorkCover have to be calculated by those agencies before the balance can be paid, which usually takes several weeks.

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