Time limitations for personal injuries claims: How long after an injury can you claim compensation
6 minute read
If you have been injured at work, on the road or in a public place because of someone’s negligence, it‘s important that you act promptly and seek legal advice. In most cases strict time limits apply to personal injury claims. Learn more about limitations in Queensland, New South Wales, Victoria and Western Australia for workers’ compensation, motor vehicle accident and public liability claims.
What are the laws relating to the time limitations for a personal injuries claim?
Around Australia each state is governed by different laws, which can sometimes make administering the law and accessing justice a little tricky. Each state has its own statute of limitations law, which place time limits on when an injured person can bring a claim for compensation.
Workers’ compensation claim time limitations
If you’ve suffered a workplace injury through no fault of your own, you can claim compensation through the authority that administers the workers’ compensation scheme in your state or territory.
The relevant time limitations to begin a claim start from the date of injury diagnosis or incident and include:
6 months WorkCover claim time limit in Qld
6 months in NSW
As soon as practicable for a Workover claim time limit in Victoria
12 months in WA
The time limits may be extended to three years, but only in certain circumstances.
Whatever state or territory you’re in, it’s important to report your workplace accident, including your injury, to your employer as soon as possible – usually within 28 days of your awareness of your injury. Be sure you understand and follow your workplace policy and procedure to report the workplace incident and your injury.
We have a team of expert lawyers who deal with workers’ compensation claims. They are experienced in knowing how to maximise your personal injuries claim to ensure you can cover all your unexpected injury costs.
To find out more about workers’ compensation in your state please select your state below:
Motor vehicle accident claim time limitations
Generally, for motor vehicle compensation in Australia, personal injuries statutes of limitations mean you have 3 years from the date of accident to make and resolve your claim or at least commence court proceedings.
Even if your injuries seem minor, it’s important to seek legal advice as soon as possible after your accident. Your injuries and symptoms may become more apparent or serious over time.
We have a team of expert lawyers who deal with transport and motor vehicle accident claims, including if you’re a pedestrian who is injured. They are experienced in making personal injuries claims, are aware of applicable time limitations and can assist you in each estate. Discover our team of experts here.
Public liability claim time limits
If you have been injured in a public place because of someone’s negligence, you can claim compensation for your injuries and any losses you have sustained as a result of your injuries.
The public liability claim time limit is generally three years from the date of the incident, during which you must have brought and resolved your claim or else commenced court proceedings or got an extension to do so within this timeframe.
Public liability claims cover a broad range of incidents in public places or at public events including:
Injuries in rental properties
Injuries due to dog attacks or other animal related activities
Mass food poisoning
Working as a contractor at someone else’s worksite
To see if you’re eligible for a public liability claim, use our free online booking tool. You’ll have an outcome within a few minutes. Check your eligibility now.
If you miss the relevant time limit, can you still make a personal injury claim for compensation?
If you are outside the relevant personal injuries statute of limitations in your state or territory, there are limited circumstances where a court may grant an extension of time for you to still bring a claim.
Extensions of time are only generally allowed where special circumstances exist. It is solely at the court’s discretion as to whether an extension is granted and the quicker you act following the expiry of the limitation period the better. This is where an experienced legal expert can make all the difference.
For personal injury compensation claims, it’s important to seek expert legal advice as soon as possible. Our expert lawyers will advise you of all the relevant time limitations for your case (which can be subject to change) and ensure documents are lodged correctly, and on time.
Contact Shine Lawyers – your personal injury compensation law experts
Call Shine Lawyers today to discuss your options and ensure you’re within any time limitations for taking legal action to make a personal injury compensation claim.
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