Draft a Queensland statement of claim from the medical chronology
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the chronology and the instructions, list particulars of injury, negligence or breach and loss, and mark each fact that still needs a source. Do not write the statement of claim, the pre-action notice, or any verification in the notice.
- What the lawyer must review
- You write the statement of claim. Check each particular against the chronology
- Give the pre-court notice the governing Act requires, in the approved form, before filing
- The claimant completes any verification the notice requires
- Name the individual practitioner who verifies a document filed in court
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland damages claim that needs a pre-action notice before a statement of claim
Produce. A draft statement of claim with a list of facts that still need a source. The pre-action notice is left for the lawyer.
Have ready. The medical chronology and the instructions; The scheme the lawyer identifies; The notice dates the lawyer has already diarised.
Example of the limit. Illustrative example: The draft pleading adds a sentence adopting the claimant's own account of the incident. The lawyer removes it. Any verification the notice requires stays in the notice and is completed by the claimant.
Stop and hand it back when
- The scheme notice has not been given, or its time has not been checked.
- The draft verifies a statement that is in the claimant's own knowledge.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the chronology and the instructions, list particulars of injury, negligence or breach and loss, and mark each fact that still needs a source. Do not write the statement of claim, the pre-action notice, or any verification in the notice. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Personal Injuries Proceedings Act 2002 section 9: before a proceeding, written notice in the approved form, in part 1 and part 2. Part 1 is given on the earlier of two days. The first is the day 9 months after the incident or, if symptoms of the injury were not immediately apparent, the first appearance of symptoms. The second is the day 1 month after the claimant first instructs a law practice to act in seeking damages and the proposed defendant is identified. Part 2 is given within 2 months after the earlier of compliance with section 10(1) and the section 13 presumption. A late part 1 does not end the obligation. Section 9(5) requires a reasonable excuse, and section 9(6) has further cases the lawyer applies. If a law practice is retained and section 9A does not apply, the notice is accompanied by the law practice certificate. Section 9A was not opened. The approved form may require verification of some or all of the information. The tool writes nothing in that verification.
- Motor Accident Insurance Act 1994 section 37: a notice of accident claim before an action for damages. If the vehicle cannot be identified, notice goes to the Nominal Defendant within 3 months. If that notice is not given within 9 months, the claim against the Nominal Defendant is barred. Otherwise, notice is given on the earlier of two days. The first is the day 9 months after the accident or, if symptoms were not immediately apparent, the first appearance of symptoms. The second is the day 1 month after the claimant first consults a lawyer about the possibility of making a claim. A late notice continues the obligation and a reasonable excuse is given, apart from that 9-month bar. A retained law practice provides its certificate. If two or more vehicles were involved, the insurer that receives the notice gives a copy to any other insurer within 7 days.
- Workers' Compensation and Rehabilitation Act 2003 section 275: before a damages proceeding, notice in the approved form to the insurer at its registered office, and a copy to the employer unless the employer is a self-insurer. The notice states whether liability, expressed as a percentage, is admitted, or why the claimant cannot admit it. The tool does not choose that percentage. A statement in the claimant's personal knowledge is verified by the claimant. The tool writes nothing in that verification. The notice is accompanied by a genuine offer or the reasons an offer cannot yet be made, by the written authority in section 275(7), by a law practice certificate if a law practice is retained, and by the supporting documents in section 275(8), including the notice of assessment unless the claimant is a worker with a terminal condition or a dependant.
- Section 275(1) requires the notice within the period in section 302(1). That period is the limitation period under the Limitation of Actions Act 1974, which section 302 calls the Limitations of Actions Act 1974, or a different period in schedule 5. Schedule 5 was not opened. Section 11 is 3 years from when the cause of action arose for the actions it describes. A dust-related condition has no limitation period. Injury from smoking or other tobacco use or exposure is outside that carve-out. A proceeding after the section 302(1) period requires, before the end of that period, a complying notice, a waiver of section 275, a declaration under section 297, or leave under section 298, and compliance with section 295. Section 302(3) requires that proceeding within 60 days after a compulsory conference. Sections 295, 297 and 298 were not opened beyond those cross-references. A pleading or submission in the Supreme Court or the District Court is verified by the individual practitioner named under Practice Direction 5 of 2025 or Practice Direction 12 of 2025.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Response to a request for particulars in a personal injury proceeding | Letter | AI use Yellow | A letter answering a request for particulars of a personal injury pleading, with the Victorian bodily-injury items and the different filing rules in Queensland and New South Wales. |
| Treatment chronology from health records | Other | AI use Yellow | A page-cited chronology of treatment, complaints and findings drawn from health records, with a verification log. |
| UCPR Form 3A: statement of claim where the filing party is legally represented | Form | AI use Red | Link to UCPR Form 3A version 7, the statement of claim for a represented plaintiff, including the prospects certificate, the 28-day notice and the affidavit verifying. |
| UCPR Form 14: statement of particulars in personal injury proceedings | Form | AI use Red | Link to UCPR Form 14 version 2, the statement of particulars for personal injury proceedings, covering injuries, expenses, care and economic loss. |
| UCPR Form 15: statement of particulars, compensation to relatives | Form | AI use Red | Link to UCPR Form 15 version 2, the statement of particulars for compensation to relatives proceedings, including dependency and the people for whom the claim is brought. |
| WorkSafe Form A, application for common law damages: completion guide | Form | AI use Yellow | Guide to WorkSafe Form A for an application under section 328 of the Workplace Injury Rehabilitation and Compensation Act 2013 or section 134AB(4) of the Accident Compensation Act 1985. |
| UCPR Form 30: consent to act as tutor | Form | AI use Red | Link to UCPR Form 30 version 3, the tutor's consent to act and the legal representative's certificate that the tutor has no adverse interest. |
| Dust Diseases Tribunal: lodging an asbestos-related claim | Form | AI use Red | Link to the Dust Diseases Tribunal's steps for an asbestos-related claim: UCPR Form 3A or 3B, then the Tribunal's statement of particulars with a Form 1 cover. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Personal Injuries Proceedings Act 2002 (Qld) section 9 · 2026-10-23
- Motor Accident Insurance Act 1994 (Qld) section 37 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) section 275 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) section 302 · 2026-10-23
- Limitation of Actions Act 1974 (Qld) section 11 · 2026-10-23
The statement of claim is not the pre-action notice. Verification required by a notice stays in the notice.
Do not put the chronology, tax records or medical reports into a public chatbot. Apply ASCR r 9 and APP 11, and consider Privacy Act notification.
The tool does not start the proceeding. The lawyer confirms the notice position before filing.