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 claiming might not be the first thing on your mind.
However, strict timeframes are associated with claiming and leaving it too late can be disastrous.
Missing the deadline could mean that you lose your right to compensation. (statute Barred)
Countless Australians have lost 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 all of these ways on our website.
But for example, serious personal injuries often merit an extension and claims such as those for asbestosis don’t have any limitations.
For this reason, even if you believe you have missed the deadline, we might still be able to help.
What type of personal injury claims have a deadline?
Some of the most common types of cases which have a time limit include:
- Motor Vehicle Accidents
- Cases of medical Negligence
- Workplace deafness
- Back injuries
- Serious injury and TPD
- Bad dental work
- Workers compensation
- Public liability
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 all personal injury claims and can take anything from a few days, or sometimes weeks, to carry out.
So, for this reason, it’s important to give yourself and your compensation 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.
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.
Claiming as a child.
If someone was under the age of 18 at that time they suffered an injury, then you have 3 years from the date of their/your 18th birthday to put forward a claim.
Alternatively, a parent or guardian can start legal proceedings on their behalf.
Do you need to make a claim on behalf of someone else?