will my ctp claim go to court?
One of the most common questions we hear from clients is: “Will my claim end up in court?”
For most people, the answer is no.
The vast majority of Queensland CTP claims are resolved through negotiation without the need for a trial. That’s not because going to court is a bad thing, it’s simply because, where possible, resolving a claim earlier usually saves everyone time, legal costs and the stress that naturally comes with litigation.
The Queensland CTP system is specifically designed to encourage parties to exchange information, obtain the medical evidence they need and genuinely explore settlement before a judge is ever asked to decide the outcome.
Why don’t most claims go to court?
As a claim progresses, both parties usually develop a much clearer understanding of the evidence. Medical reports are obtained, financial losses are calculated, treatment records are exchanged and expert opinions are considered.
By the time this process is complete, it often becomes easier for both parties to identify an appropriate settlement range. Even if negotiations have been difficult earlier in the claim, having all of the evidence available frequently allows a resolution to be reached.
Resolving a claim before trial also has practical benefits. It can:
provide certainty for everyone involved;
avoid the additional costs associated with preparing for a trial;
allow compensation to be received sooner; and
reduce the emotional burden that can come with ongoing litigation.
Settlement is not about “giving in”. It’s about achieving a fair outcome without taking unnecessary procedural steps if they are no longer needed.
So why do some claims go to court?
Sometimes there is simply a genuine disagreement that cannot be resolved through negotiation.
That disagreement might relate to:
who was responsible for the accident;
whether particular injuries were caused by the collision;
the extent of a person’s ongoing disability;
future treatment needs;
loss of earning capacity; or
the appropriate amount of compensation.
In those circumstances, the court’s role is simply to provide an independent decision.
Importantly, even after court proceedings have commenced, most matters still settle before reaching a trial. Commencing court proceedings is often just another step in the process rather than a sign that negotiations have failed.
What happens if court proceedings are started?
Starting court proceedings does not mean you are immediately going to trial. In fact, there is usually still a lengthy period during which both parties continue exchanging evidence, obtaining medical opinions and discussing settlement.
There are a number of procedural steps that occur before a trial date is ever reached, and opportunities to resolve the matter continue throughout the life of the proceedings. Many claims settle just weeks before trial, and some even resolve during the trial itself.
What is a trial actually like?
For many people, the word “trial” brings to mind dramatic television courtroom scenes.
The reality is much calmer. Courtrooms in Queensland are professional, respectful and surprisingly quiet. They are designed to allow everyone to present their evidence in an organised way.
At the front of the courtroom sits the judge, whose role is simply to listen to the evidence, apply the law and make an independent decision.
Each party is represented by a barrister. Your barrister appears on your behalf and presents your case. The insurer will also have its own barrister presenting its position. Your solicitor will usually be sitting nearby throughout the hearing, instructing your barrister, managing the documents and supporting you during the process.
If you are required to give evidence, you will be asked to enter the witness box. Before answering questions, you’ll either take an oath or make an affirmation to tell the truth.
Your own barrister will usually ask you questions first. This gives you the opportunity to explain, in your own words:
what happened in the accident;
how your injuries have affected your daily life;
your treatment and recovery; and
the impact on your work, family and future.
The insurer’s barrister will then have an opportunity to ask questions. This is simply part of ensuring the judge hears all of the relevant evidence. Your barrister is there to protect your interests throughout the process and may object if inappropriate questions are asked.
Depending on the issues in dispute, doctors, treating health professionals, employers or other witnesses may also give evidence.
The judge will carefully consider all of the evidence before delivering a written decision.
Will I know what to expect?
Absolutely. One of your legal team’s most important jobs is ensuring there are no surprises.
Long before any trial, your solicitor and barrister will meet with you to explain exactly what will happen, where you will sit, who will be in the courtroom and the types of questions you are likely to be asked.
Many clients tell us afterwards that the experience was far less intimidating than they had imagined.
Does going to court mean my claim is weak?
Not at all. Some very strong claims proceed to court simply because there is a genuine dispute that requires an independent decision. In other cases, proceedings are commenced to protect important limitation periods while negotiations continue.
Court proceedings are simply one part of the civil justice system. They exist to ensure that, where agreement cannot be reached, every person has access to an independent judge who can determine the outcome fairly.
To summarise, if a claim can be resolved through negotiation, that is often the quickest, most cost-effective and least stressful path.
Authored by Sarah Grace, Special Council at Travis Schultz & Partners
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Special Counsel Sarah Grace has over 18 years of experience in plaintiff personal injury law. A high-performing lawyer, Sarah provides both expertise and compassion to the team in Brisbane.
Sarah takes pride in navigating complex compensation cases, including workers’ compensation, Compulsory Third Party and public liability claims, and getting the best possible outcome for clients. Organised and efficient, she approaches each case with optimism and a determination to find solutions even in challenging situations.
WLAQ Woman Lawyer of the Year Nominee – 2024
Admitted to the Supreme Court of Queensland – 2010
Graduate Diploma of Legal Practice, College of Law – 2009
University of Queensland – Bachelor of Laws – 2009