How long after an accident can you claim?

by adminFebruary 6, 2020

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Worried about how long after an accident you have to make a claim? We are here to help put your mind at rest.

Claiming after an accident

Each Australian jurisdiction has a limitation statute which sets out the maximum amount of time a plaintiff has to commence legal action. The prescribed limitation periods range from 3 to 6 years for personal injury claims. however, applications can be made so that victims of no-fault accidents can claim outside of the limitation period. If successful, in special circumstances the courts may grant an extension the limitation period.

If you think that you have left it too late to commence legal proceedings contact us as a matter of urgency on 1800 106 107.

Time limits in your state

Please note, the following information is designed for general information only and not to be taken as fact.

New South Wales

Road accidents

In NSW, SIRA regulates compulsory third party scheme who generally permit 3 years in which to seek compensation for an NSW motor accident. If you some reason you do not take action within 3 years, you may lose your right.

Workplace accidents

Individuals who have suffered an injury due to a work accident in NSW need to make sure your injuries are reported within 6 months of the injury. There are instances where you can claim outside that so if you are in doubt, call us.

In regards to claiming work injury damages, court proceedings must start no later than three years from the date of injury.

Accidents in public

In NSW personal injuries are governed by the Civil Liability Act 2002. The time limitation for bringing a personal injury case is generally three years. Under ACT, the date from which the 3 years starts is the date you realised your injury or illness.

In NSW there is a 12-year long-stop limitation period runs from the time of the act or omission alleged to have resulted in the injury or death, not the date of discoverability.

The 12-year long-stop limitation period may apply to certain accidents.


Victoria

Road accidents

Claims for road accidents in VIC must be made within one year of the date of the transport accident or the date when the injury first comes to light. On certain grounds, the TAC may also consider a claim made outside of this time limit if it is made within 3 years.

Workplace accidents

 

Accidents in public

Under the Limitation of Actions Act 1958, the general limitation period to file a case is 3 years from the date you discovered you had an injury or 12 years after the act or omission.

For children or people with a disability, the time limit from the date of discoverability of a cause of action is 6 years.


Queensland


Western Australia

If you have gone outside of the time limits we might still be able to help.

Workplace accidents

If you have been injured in a work in WA accident you must take action within 12 months from the date you became injured or discovered an illness. If you need to make a common law claim against your employer due to their negligence then you will have 3 years in which to bring a claim starting from the day of the accident or when you first noticed your injury.

Have you left it too late? Talk to a local expert on 08 6118 1673 or start online and we’ll call you back.

Road accidents

If you have been injured in what would legally be considered a road accident then the statute of limitations allows plaintiffs 3 years to bring any legal action.

There’s a number of ways which our motor solicitors can grant an extension to make an ICWA claim if you have missed the deadline.

Accidents in public

Negligence in Western Australia is governed by the Civil Liability Act 2002. Under the Act, the statute of limitations is set at 3 years from the date of the accident which caused your injuries, or from when you realised that you had suffered harm.

Children under the age of 15


South Australia


Tasmania


Northern Territory


Australian Capital Territory

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