In Queensland, the Limitation of Actions Act 1974 (Qld) (LAA) specifies the limitation periods for starting personal injury litigation. This legislation does not apply when another Act defines a different period for specific types of claims.
To understand the limitation period for your personal injury case, you could:
- Look up the specific legislation that is relevant to your case
- When there is no such legislation, look at the LAA
- Ask one of Splatt Lawyers‘ compensation legal team – it’s free.
In the case your limitation period has expired, you can sometimes still make a claim when:
- The injured person was younger than 18 at the time of the accident
- The injured party was living with a disability at the time of the accident
- A Queensland court may grant an extension in some cases.
What is the Queensland Time Limit for Personal Injury Claims?
As per Section 11 of the Limitations of Actions Act – legal actions arising from negligence where damages relate to a personal injury must be brought within three years of the date from which the trigger for legal action occurred.
The exception is for dust-related conditions like mesothelioma and silicosis. Dust-related claims do not include personal injury from smoking, smoking exposure, or tobacco products.
How Can I Be Sure on My Personal Injury Limitation Period?
Knowing the limitation period that applies to your personal injury claim is straightforward. Contact Splatt Lawyers’ friendly compensation legal team. It’s free to understand how Queensland legislation relates to your circumstances – Call 1800 700 125.