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★ Queensland · fracture

Fracture settlements
in Queensland.

By Reviewed by Abd Shanti, Founder9 min read

A moped rider hit by a turning utility at Nerang in 2020 fractured his left lower leg and dislocated his ankle; at ISV 15 his general damages came to $28,700 and his judgment to $32,807.96. A 73 year old who fell when a Labrador ran at him through an open gate fractured his knee and developed foot drop, but lost because the owners had no reason to think the dog was dangerous.

Facts that decide a fracture claim in Queensland

How pain and suffering is valuedGeneral 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
Dogs off the propertyAn owner who did not know, and had no reason to know, that the dog had a vicious or mischievous tendency was not liable when it ran out towards a man on the footpath and he fell.Lockhart v Bartholomai [2025] QDC 202
Time limitThe limitation period for injury claims is three years; a court can extend it under s 31 of the Limitation of Actions Act 1974 when a material fact of a decisive character was not known in time.Rodgers v Chinsee [2024] QDC 55
★ QLD · reported fracture outcomes

What Queensland courts have awarded.

Real Queensland decisions and verdicts, each linked to the court record or official report.

  • 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. He fractured his left lower leg and dislocated his ankle, and had a diastasis screw removed on 3 March 2021. Liability was admitted and he represented himself at trial. The court set an ISV of 15, $28,700, and gave judgment for $32,807.96.

  • 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. He suffered a tibial plateau fracture, nerve damage with foot drop, and depression. The court found for the owners, but said it would have awarded $105,185.49, including $40,500 in general damages.

★ QLD · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Queensland.

  1. 1

    Keep every operation record, including hardware removal; each one is part of the injury.

  2. 2

    Against a dog owner, evidence of the dog’s past behaviour decides the case.

  3. 3

    Get legal help if you can; Ford ran his own trial.

★ QLD · statute of limitations
3 years from discoverability

Limitation of Actions Act 1974 (Qld)

★ QLD · fault rule
Common-law contributory reduction

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

★ QLD · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Queensland.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Queensland's fault rule and limitation period compare to jurisdictions in the same Australia region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Queensland · you are hereCommon-law contributory reduction3 years from discoverability—
TasmaniaCommon-law contributory reduction3 years from discoverabilityTAS · fracture
Australian Capital TerritoryCommon-law contributory reduction3 years from discoverabilityACT · fracture
New South WalesCommon-law contributory reduction3 years from discoverabilityNSW · fracture →
VictoriaCommon-law contributory reduction3 years from discoverability (subject to 12-year longstop)VIC · fracture →
Western AustraliaCommon-law contributory reduction3 years from discoverability with 12-year longstopWA · fracture →
South AustraliaCommon-law contributory reduction3 years from discoverabilitySA · fracture
Northern TerritoryNo-fault statutory scheme3 yearsNT · fracture
★ QLD · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in Queensland. See /methodology, /sources, and /disclaimer.