If you or a loved one has suffered an injury and are considering legal action, strict time limits apply to most compensation claims in Queensland. Understanding these rules is important for assessing your options.
Legal practitioners like injury compensation lawyers regularly assist Queenslanders in navigating personal injury time limits. Below is a summary of key limitation periods, relevant exceptions, and notification requirements that may impact your claim.
Getting to Grips with Injury Time Limits
Almost every personal injury claim in Queensland is governed by what’s called a limitation period – a set amount of time within which you need to start your claim. This rule helps keep the process fair and ensures evidence remains available.
Most personal injury claims must be started within three years from the date of the incident, as set out in Section 11 of the Limitation of Actions Act 1974 (QLD). Starting your claim on time is important, as missing thetime limit injury deadline can mean you are unable to proceed.
Which Claims Have These Time Limits?
For adults, the law says a personal injury claim usually begins within three years of when the injury happened. This covers:
- Road traffic accidents (car, motorcycle, pedestrian)
- Public liability incidents (injuries in public or private places)
- Workplace injuries (with separate rules for some WorkCover claims)
- Medical negligence events
If you miss this time limit injury window, you’re generally prevented from making a claim for damages. Sometimes, though, injuries aren’t obvious right away, and the law provides exceptions for those situations.
Exceptions to the Injury Time Limit
Injuries With Latent Onset
For conditions such as mesothelioma or other injuries that develop over time, the limitation period may start when the injury and its cause become known or reasonably should have become known.
Under-Age or Disabled Claimants
Where a claimant was a child at the time of the incident, the limitation period generally begins on their 18th birthday. Claimants under a relevant legal disability, such as intellectual impairment, may have extended periods to bring a claim.
Dust, Asbestos, and Child Abuse-Related Claims
For claims relating to dust-related diseases, childhood sexual abuse, or serious physical abuse, alternative limitation periods may apply. Some are exempted from strict time limits due to the challenges in discovery and reporting.
Why Early Action Matters
Even before any claim is lodged with the court, you’ll often need to give notice to the other party or their insurer within specific deadlines. Missing these can complicate your position, so knowing what’s needed early on is valuable.
| Type of Claim | Notification Required | Limitation Period |
| Motor Vehicle Accident | Within 9 months | 3 years from date of accident |
| Public Liability/Slip & Fall | Within 9 months | 3 years from date of accident |
| Work Injury (Statutory Claim) | N/A | 6 months from awareness of injury |
| Work Injury (Common Law) | By “Notice of Claim for Damages” | 3 years from date of injury |
| Medical Negligence | Within 9 months | 3 years from date of injury |
| Dust/Asbestos/Childhood Abuse | N/A | Often exempt from limitation periods |
| Children/Persons under Disability | N/A | 3 years from 18th birthday |
Missing a Personal Injury Time Limit Deadline and Extension Possibilities
If a claim isn’t started in time, the matter usually cannot proceed, and an application may be made to dismiss it. In some special circumstances – such as where the injury couldn’t reasonably have been discovered – courts might allow an extension. These cases are rare and require strong supporting evidence.
Staying Informed and Supported
Understanding these personal injury time limits and keeping track of notification requirements is a big help for anyone dealing with a personal injury matter in Queensland. If ever in doubt, seeking qualified information from personal injury lawyers could make a significant difference in knowing your rights or planning your next steps.
Take a look at our website for more information on time limits for personal injury and how lawyers from Cairns could help.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.