Most personal injury claims in Queensland don’t end up in court. In fact, the majority are resolved through settlement negotiations—where you and the insurer agree on a fair payout without needing a judge.
This process can take time and usually involves back-and-forth offers. But with the right preparation, it’s often the fastest and least stressful way to finalise your claim.
A settlement is a formal agreement between you (or your lawyer) and the insurer. It usually includes:
A single lump sum payment
An agreement that you won’t take the matter to court later
Finalisation of your claim, with no further payouts after that
Once a settlement is signed, it’s legally binding—so it’s important to make sure it’s fair.
Here’s how a typical negotiation unfolds:
You (or your lawyer) submit a claim with medical reports, income info, and other evidence
The insurer reviews your claim and may ask for more details or their own medical assessment
They make an offer—sometimes lower than expected
You negotiate, often through a lawyer, to reach a fair amount
Both sides agree, and the settlement is finalised
Most negotiations happen in writing, over the phone, or at a settlement conference or mediation.
In most cases—no. The first offer from the insurer is usually lower than what your claim is really worth. It’s often a starting point for negotiation, not the final amount.
A lawyer can help you work out if the offer is reasonable based on your injury, costs, and the law.
Settlement can happen quickly in simple cases. But for more complex or serious injuries, it may take several months (or longer) to gather all the info needed to make or respond to an offer.
You should never rush into a settlement before your injuries have stabilised, or before you fully understand your future care needs.
Yes. Even if court proceedings have begun, you can still settle at any point before the final hearing. In fact, many claims settle just before going to court.
If both sides can’t agree on a fair amount, the matter may go to court. A judge will then decide the outcome. This doesn’t happen often—but it’s the backup option if negotiations fail.
If your claim doesn’t settle, or if things become too complex, you might end up needing to go to court. The next page explains what that looks like and what to expect.
Go to the next page: What Happens If My Claim Goes to Court?