Online Claim Checker
If you need to make a personal injury claim, the last thing you want to do is run out of time.
Suffering an injury in an unexpected accident is inconvenient, to say the least, and we understand that claiming might not be the first thing on your mind.
However, strict timeframes are associated with claiming as there is generally a three-year limitation date on personal injury claims in Australia.
Missing the deadline could mean that your claim is statute barred and you may lose your right to compensation.
Countless Australians every day lose out on hundreds of thousands of dollars in compensation for not acting promptly.
So what are the time limits?
In most cases, claims for injuries suffered in no-fault accidents should be made within three years of the date of the injury.
But this timeframe isn’t set in stone.
There are many ways a lawyer can grant you more time.
Due to the many jurisdictions In Australia and difference in legislation from state to state it’ would be near impossible to list these ways on our website.
But for example, serious personal injuries can merit an extension and claims such as dust diseases don’t have a limitation.
For this reason, even if you believe you have missed the deadline, we might still be able to help.
Exceptions to the three-year time limit for injury claims
Claims for compensation should be made as soon as practically possible within the standard limitation period.
If you have missed the deadline because it was not practically possible for you to take action beforehand there are a number of exceptions to the three year rule.
For example, you may not have realised the severity of your injury or realised you were injured at all due to a delay in the onset of your symptoms.
If this is the case you should qualify to lodge your claim outside the deadline but evidence will be required to prove your case.
If your claim is then rejected on the grounds of a delay, it will then be up to a court to decide whether or not an extension will be granted based on the evidence provided.
Defending parties such as insurance companies are known to defend themselves robustly and courtrooms can be intimidating places.
For this reason, it’s important that you have an experienced personal injury lawyer by your side, with experience in cases like yours.
Why it is so important to act promptly
Before any formal legal proceedings can commence there a few routine obligations that should be carried out by your lawyer.
These include but are not limited to:
- Arranging for you to attend an independent medical examination
Speaking to and gathering statements from witnesses
Assessing other evidence, such as photographic or video evidence
Obtaining an expert testimony
These are pretty run of the mill tasks that are associated with almost any type personal injury claim and can take anything from a few days, or sometimes weeks, to carry out.
For this reason, it’s important to give yourself and your lawyer enough time to complete these tasks before the three-year limitation period ends.
Leaving it too close to the deadline can make it very difficult to assess and lodge your claim in time.
What type of personal injury claims have a deadline?
Below is a list of some of the most common types of claims which have a time limit associated with them.
Motor vehicle accident compensation
Work injury compensation
Many of the people we speak to who have suffered a workplace accident ask us, how long after an injury at work can I claim?
Medical negligence compensation
Public liability compensation
Serious injury and TPD compensation
To learn more about the personal injury claim time limit try our online cheker here or call us free on 1800 106 107.
Claims which don’t have a 3 year limitation period?
Dust deseases, asbestos and melonoma.
If you think you are coming close to the three-year mark we strongly recommended that you contact us as soon as possible to discuss your matter with one of our lawyers.
A parent or guardian can claim on a child’s behalf if they are under the age of 18, they also have until the age of 21 to claim themselves if they wish.
For example, a minor who suffered injuries in a motor vehicle accident at the age of 12 can either wait until they turn 18 and recover the money themselves or a parent or guardian can do this do this on behalf of the minor before they turn 18.
In medical negligence cases involving children, a notice of claim must be served within 6 years of the day when the parent or guardian discovered the injury.