How long does a personal injury claim take in Queensland? (2026)
How long a personal injury claim takes in Queensland has no fixed answer. MAIC says CTP claims vary, and minor claims without a fault dispute usually settle faster. However, the law sets response periods. For example, a CTP insurer has 6 months to say whether it admits liability. WorkCover has 20 business days to decide an application.
Key takeaways
How long does a personal injury claim take in Queensland?
There is no set time. The Motor Accident Insurance Commission says CTP claims “vary in how long they take to settle”. That is because each claim gets an individual assessment. It also says claims with minor injuries and no dispute about who caused the accident usually settle more quickly.
So how long a personal injury claim takes in Queensland depends on the scheme, the injury and whether fault is in dispute. What the law does set is a series of steps, each with its own response period. This guide lists those periods for each scheme. For the deadlines that apply to you, see our personal injury time limits table.
This is general information, not legal advice. Each pillar guide covers its scheme in more depth: CTP, WorkCover, public liability, medical negligence and TPD.
Why we don’t give an average time for a personal injury claim
You may see claims such as “most claims take 12 to 18 months”. We could not find any official Queensland source for figures like that, so we leave them out.
In addition, the steps themselves explain why times differ. Some steps can only happen once your injury has stabilised. Others depend on how quickly each side shares documents. And if the parties dispute fault, the claim may need a compulsory conference, or even a court case.
How long a personal injury claim takes under CTP
For a car accident, how long a personal injury claim takes depends partly on these periods. The Motor Accident Insurance Act 1994 sets them once you give the insurer your Notice of Accident Claim Form.
|
Step |
Period |
Source |
|---|---|---|
|
Insurer says whether your notice complies |
Within 14 days of receiving it. If it doesn’t respond, it is presumed satisfied |
|
|
Insurer states whether it admits or denies liability |
Within 6 months of receiving the notice |
|
|
Response to a written settlement offer |
Within 3 months of receiving it |
|
|
Either party may call a compulsory conference on its own terms |
After 6 months from the notice (later if extra information was requested) |
|
|
Start court proceedings if not settled |
Within 60 days after the conference ends, unless extended |
How long a personal injury claim takes under PIPA (public liability)
For injuries in public places, the Personal Injuries Proceedings Act 2002 sets similar steps. The Personal Injuries Proceedings Regulation 2025 does not prescribe different periods for these responses, so the Act’s default periods apply.
|
Step |
Period |
Source |
|---|---|---|
|
Preliminary response to Part 1 of the notice |
Within 1 month after receiving it |
|
|
Respondent states whether it admits liability and makes an offer |
Within 6 months after a complying Part 1 notice |
|
|
Response to a written settlement offer |
Within 3 months of receiving it |
|
|
Either party may call a compulsory conference on its own terms |
Generally after 6 months from a complying Part 1 notice |
|
|
Start court proceedings if not settled |
Within 60 days after the conference ends, unless extended |
Medical negligence personal injury claims
Medical negligence claims add an early step. First, you give the health provider an initial notice. Then the provider has 1 month to say whether it holds records and to give you copies (PIPA s 9A(8)).
After that, you have up to 12 months to give Part 1 of the Notice of Claim. In most cases, it must include a medical specialist’s report. Once Part 1 is in, the same PIPA steps above apply. Because of these extra steps, how long a personal injury claim takes is often longer for medical negligence.
How long does a WorkCover claim take?
For a WorkCover personal injury claim, the first decision period is short. Under WCRA s 134, the insurer must decide your application within 20 business days. If it can’t, it must tell you why within 5 business days after that deadline. It must also explain that you can seek a review.
Later steps take longer. For example, a lump sum depends on a permanent impairment assessment. According to WorkCover Queensland, that assessment happens once your injury has healed as much as it can. If you disagree with it, you have 20 business days to say so. WorkCover then has 10 days to tell you whether a reassessment will go ahead.
If you dispute a decision, you can apply for review within 3 months (s 542).
WorkCover common law claims
A common law claim against your employer follows its own pre-court steps. After you give a notice of claim for damages, the insurer has 10 business days to respond on compliance (WCRA s 278).
If the claim doesn’t settle, the parties hold a compulsory conference and exchange written final offers. The 3-year limitation period may end first. If you gave a complying notice before then, proceedings must start within 60 days after the conference (s 302). WorkCover Queensland explains the process in more detail.
How long does a TPD claim take?
We found no official timeframe for how long a fund or insurer can take to decide a TPD claim. However, there is a firm limit once you complain. Under ASIC Regulatory Guide 271, a super trustee must give its written response to a complaint within 45 calendar days.
If the fund needs longer, it must send a delay notice with reasons before the deadline. If you’re still unhappy, you can go to AFCA. Our guide to a rejected TPD claim explains those steps. Also, our page on TPD and WorkCover covers running both claims.
What affects how long a personal injury claim takes?
Several things can affect how long a personal injury claim takes to finish. None of them is a fixed rule, but each one links back to a step above.
Settling a personal injury claim and what comes next
MAIC says most CTP claims settle through negotiation with the insurer. It also notes that accepting a settlement finalises your claim, so you can’t claim again for injuries from that accident.
Before you accept, it helps to know what the payout covers and what comes out of it. Our compensation guide explains the heads of damage and deductions. Our guide to what you can claim for goes into each head in more detail. To compare firms, see our comparison pages.
Frequently asked questions
Sources
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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