Personal Injury Proceedings Act (PIPA)
Personal Injuries Proceedings Act 2002 (Qld) is the legislative instrument that governs personal injury proceedings in Queensland. The purpose of PIPA is to assist in the ongoing affordability of insurance through appropriate and sustainable awards of damages for personal injury. PIPA seeks to achieve this objective by providing procedural guidelines for the speedy resolution of claims, promoting settlement sooner rather than later, ensuring a person cannot initiate court proceedings without being fully prepared, putting reasonable limits on compensation figures, minimizing the costs of claims, and regulating inappropriate advertising and touting.
PIPA applies to all personal injuries except for those that occurred in the course of employment (workplace injuries), motor vehicle accidents, that resulted from criminality, dust and asbestos related conditions or injuries that resulted from the use of or exposure to tobacco products. These specific personal injuries circumstances are governed by separate legislation and have different procedures that apply.
PIPA also sets out the strict timelines that apply to personal injury proceedings. Claims for damages for personal injuries must be commenced within three years of the cause of action arising which is usually the date the injuries were sustained. There are also pre-court procedures under PIPA that need to be strictly adhered to including the provision of notice of your intention to claim to the person or organization you are filing against. If you fail to comply with any of the time limitations contained in PIPA, you can only proceed if you have a reasonable excuse for your delay that may need court approval.
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