Compensation and Injury claims: Time is critical

All claims for personal injury compensation are subject to time limits, with just a few exceptions to this rule existing. This means that if your claim has not commenced within a certain timeframe your opportunity to seek compensation will no longer be available and the entitlement to compensation will cease.

What is the time limit for public liability claims?

If you are injured in an accident in a public place you may be able to bring a public liability claim against the party who had an obligation to keep that place safe. Common injuries that result in these claims being made are slip and falls and cuts and broken bones from footpaths, balconies, and steps being in a state of disrepair.

From the date the accident occurred, a claimant will have up to three years to make their claim for compensation and also to settle any legal proceedings relating to it.

There is a further time limit being you must issue a part 1 notice within 1 month from consulting a lawyer or 9 months from the date of the accident, whichever falls earlier.

Are work-related injuries subject to time limits?

Yes. If you have been injured at work you will have just six months from the date of the accident to lodge a claim for statutory benefit, which is why it is recommended that you seek legal advice from an experienced compensation lawyer to help you navigate the process for seeking compensation. In certain circumstances in common law proceedings, you must either commence proceeding or serve a complaining notice of claim for damages within 3 years from the date of the accident.

How long do you have to make a claim for compensation after a motor vehicle accident?

A claimant has up to three years from the time of their motor vehicle accident to make a claim for compensation and to settle. This may seem like a long time frame, and one of the reasons for this is because often injuries suffered during this type of accident may not seem life-altering immediately after the accident but can worsen over time. Pulling together a claim after a motor vehicle accident can also take time. Witnesses may need to be contacted for statements and independent medical assessments will usually need to be made to assess the injury, so the three-year deadline may approach faster than you think. If you have recently been in a motor vehicle accident, it is recommended that you speak to a compensation lawyer even if you do not believe your injuries are that bad at present.

There is a further time limit being you must issue a notice of accident claim form within the earlier of 1 month from consulting a lawyer or 9 months from the date of the accident

A court may permit an extension on the time limit, however, this will only be permitted if there were extenuating circumstances for the deadline being missed.

Is there a time limit for personal injury claims?

Personal injury claims carry a nine-month deadline before the applicant is no longer eligible to bring a claim. If the claimant is proactive and seeks legal advice they will have just one month from the date they engaged a compensation lawyer to make the claim. One of the benefits of seeking professional assistance to make a claim for compensation is that a lawyer will manage the deadlines and be able to make the application within the month following your meeting.

Should the matter be unable to be settled without the intervention of a court, the claimant will have up to three years to commence proceedings.

Can the time limit for a personal injury compensation claim ever be extended?

The time limit for a personal injury claim can be extended at the court’s discretion. It is worth noting that extensions are uncommon, and a court will usually only permit them if there were special circumstances leading to the applicant missing the deadline.

If you have suffered an injury at work, in a public place, or at the hands of another person’s negligence, you should seek the assistance of a compensation lawyer as soon as possible. Contact our experienced lawyers today on (07) 4052 0700.

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