What is the statute of limitations for personal injury claims in Queensland?

3 years from discoverability. Source: Limitation of Actions Act 1974 (Qld). Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Queensland?

Yes — Queensland applies the following caps: Injury Scale Value cap (AU$200k+ at ISV 100) under Civil Liability Regulation 2014 (Qld). See the caps section above for the conditions under which each applies.

Does Queensland operate a no-fault auto insurance scheme?

Queensland applies partial no-fault provisions. Limited PIP-style first-party benefits may be required, but the underlying tort right is preserved.

How are settlements typically valued in Queensland?

Practitioners and adjusters in Queensland value claims using the same building blocks applied across Australia: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Queensland attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Queensland's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Queensland personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

QLD

★ Australia · Eastern Australia

Personal injury in
Queensland.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

Queensland operates a CTP scheme administered by MAIC, with general damages calculated using the Injury Scale Value (ISV) framework under the Civil Liability Regulation 2014.

Queensland operates a CTP scheme administered by the Motor Accident Insurance Commission (MAIC). General damages in PI cases are calculated using the Injury Scale Value (ISV) framework under the Civil Liability Regulation 2014. Future earning capacity is capped at three times average weekly earnings. Limitation is three years.

★ statute of limitations

3 years from discoverability

Limitation of Actions Act 1974 (Qld)

★ fault rule

Common-law contributory reduction

Contributory-negligence reduction under Civil Liability Act 2003 (Qld).

★ QLD · statutory caps

What caps recovery.

Caps and ceilings imposed by Queensland law that bear on settlement values.

Injury Scale Value cap
Civil Liability Act PI
AU$200k+ at ISV 100
Civil Liability Regulation 2014 (Qld)

★ QLD · key facts

What makes Queensland different.

The handful of details that distinguish this jurisdiction from its neighbours.

MAIC administers CTP scheme
ISV calculation under Civil Liability Regulation
3-year limitation
Future earning capacity capped at 3× AWE

★ QLD · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Queensland law.

★ QLD · court decisions

What Queensland courts have decided.

Reported Queensland decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Jaksa v Sweeny & Anor
District Court of Queensland · 2025
$148,826.49
At about 4.15 pm on 21 March 2021, in congested traffic on Caloundra Road, the car Ms Jaksa was driving was involved in a collision; liability was admitted.
whiplash in Queensland →
Whiplash
Bauer v Clay & Anor
Supreme Court of Queensland · 2025
$602,008.14
At about 7 pm on 19 March 2022, Mr Bauer, then 19, was driving his Subaru WRX along Princess Street, Bundaberg, when he was injured in a crash; liability was admitted.
whiplash in Queensland →
Back & spine
Singleton v Direct Personnel Services Pty Ltd & Anor
Supreme Court of Queensland · 2025
$433,056.28 and $490,429.05
Mr Singleton, placed by a labour hire company, was removing a fibreglass spiral used in mineral separation from a mould when it came off its rail; he flexed forward and suffered an L4/5 disc protrusion, later operated on.
back & spine in Queensland →
Back & spine
Goldthorpe v HJS Store Pty Limited
District Court of Queensland · 2025
Claim dismissed
Mr Goldthorpe hurt his back on 21 July 2023 delivering whitegoods, and said he should have had a stair climbing trolley and a capable helper.
back & spine in Queensland →
Head & brain
Sanders v Mount Isa Mines Limited & Ors
Supreme Court of Queensland · 2023
Claim failed
Suing by her litigation guardian, the plaintiff said she suffered brain damage and neurological injury from lead poisoning as an infant living in Mount Isa, within three kilometres of the defendants’ mining and smelting operations in 2007.
head & brain in Queensland →
Head & brain
Cabato v Paltridge and Another
District Court of Queensland · 2025
$73,663.91
On 29 March 2017 the plaintiff, riding a bicycle at Palm Beach, collided with the defendant’s car; he was agreed to be 25% at fault.
head & brain in Queensland →
Fracture
Ford v Baker & Another
District Court of Queensland · 2025
$32,807.96
On 10 October 2020 Mr Ford was riding a moped east on Nerang Connection Road when a Ford Ranger turned right into his path.
fracture in Queensland →
Fracture
Lockhart v Bartholomai & Anor
District Court of Queensland · 2025
Claim dismissed; $105,185.49 notional
At about 7 am on 8 July 2021 Mr Lockhart, 73, was walking his dog in Mountain Creek when the defendants’ Labrador came through an open gate and he fell.
fracture in Queensland →
Medical negligence
Filmalter v Swenson
Supreme Court of Queensland · 2025
Judgment for the doctor
Mrs Filmalter sued Dr Swenson over the antibiotic Norfloxacin prescribed on 8 February 2014, saying it caused an allergic reaction and extreme photosensitivity lasting over a decade, and contributed to cerebral vasculitis and a stroke in 2017.
medical negligence in Queensland →
Medical negligence
Ringelstein v Metro North Hospital and Health Service
Supreme Court of Queensland · 2025
Extension of time refused
In June 2004 Ms Ringelstein had a total abdominal hysterectomy, followed by serious complications, more surgery and many clinic visits.
medical negligence in Queensland →
Workplace
Jorgensen v Superior Pak Pty Ltd
District Court of Queensland · 2025
$256,534.15
On 13 March 2018 Mr Jorgensen, a qualified boilermaker and welder, was hurt at the defendant’s metal fabrication workshop, injuring his neck and shoulder.
workplace in Queensland →
Workplace
Hoyes v Wellways Australia Limited
District Court of Queensland · 2025
Claim dismissed
Ms Hoyes worked from July 2018 to January 2020 as a live in support worker for young people with mental health issues or disability.
workplace in Queensland →

★ QLD · rules that decide claims

The rules in Queensland.

Statutes and rulings that come up again and again in Queensland injury claims, each with its source.

How pain and suffering is valued	General damages are fixed by an Injury Scale Value from 0 to 100, using the injury ranges in Schedule 4 of the Civil Liability Regulation, then converted to dollars by an indexation notice.MAIC, What can be claimed
Neck injury ranges	A minor cervical spine injury (item 89) has an ISV range of 0 to 4, with the top of the range for an injury that still causes headaches and some pain despite improvement.Norman v Hird [2025] QDC 44
The insurer runs the defence	In a motor accident claim, the at fault driver’s CTP insurer is usually a defendant and conducts the case on the driver’s behalf.Ford v Baker [2025] QDC 43
WorkCover is repaid first	Damages for a work injury are reduced by the workers compensation already paid, which is refunded to WorkCover under s 270 of the Workers’ Compensation and Rehabilitation Act 2003.Goldthorpe v HJS Store [2025] QDC 209
When an employer is in breach	An employer does not breach its duty unless the risk was foreseeable, not insignificant, and a reasonable employer would have taken precautions (ss 305B to 305D of the Workers’ Compensation and Rehabilitation Act).Goldthorpe v HJS Store [2025] QDC 209
Labour hire workers	Both the labour hire employer and the host business can be liable; in Singleton the host was ordered to bear 75% of the employer’s judgment.Singleton v Direct Personnel Services [2025] QSC 259
Three things to prove	A claimant must prove a duty of care, a breach of it, and that the breach caused the injury; if any one is not proved, the claim fails.Sanders v Mount Isa Mines Limited [2023] QSC 188
Imaging matters	Where the experts agreed the brain MRI showed no injury, the claimed brain injury was not accepted as the dominant injury.Cabato v Paltridge [2025] QDC 59

★ other Australia jurisdictions

Compare across Australia.

How Queensland compares with its neighbours in Eastern Australia on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Queensland· you are here	Common-law contributory reduction	3 years from discoverability
New South Wales (NSW)	Common-law contributory reduction	3 years from discoverability
Victoria (VIC)	Common-law contributory reduction	3 years from discoverability (subject to 12-year longstop)
Tasmania (TAS)	Common-law contributory reduction	3 years from discoverability
Australian Capital Territory (ACT)	Common-law contributory reduction	3 years from discoverability

Every Australia jurisdiction compared

★ QLD · frequently asked

Common questions.

Common questions about personal injury claims in Queensland, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Queensland?
3 years from discoverability. Source: Limitation of Actions Act 1974 (Qld). Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Queensland?
Common-law contributory reduction. Contributory-negligence reduction under Civil Liability Act 2003 (Qld).
Are there caps on damages in Queensland?
Yes — Queensland applies the following caps: Injury Scale Value cap (AU$200k+ at ISV 100) under Civil Liability Regulation 2014 (Qld). See the caps section above for the conditions under which each applies.
Does Queensland operate a no-fault auto insurance scheme?
Queensland applies partial no-fault provisions. Limited PIP-style first-party benefits may be required, but the underlying tort right is preserved.
How are settlements typically valued in Queensland?
Practitioners and adjusters in Queensland value claims using the same building blocks applied across Australia: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Queensland attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Queensland's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Queensland personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ federal context

Back to Australia

All injury bands, statutes, and procedural pathway at the Australia level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Queensland statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult a lawyer licensed in Queensland. See /methodology, /sources, and /disclaimer.

Personal injury inQueensland.

Personal injury in
Queensland.