Legal Advice for Compensation Insurance Claims & TPD Payouts

What is the Time Limit for Personal Injury Claims QLD?

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 (like the Personal Injuries Proceedings 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.

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What is the Queensland Limitation Period 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 the trigger for legal action occurred. Meaning that the limitation period commences at the time the injury 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.

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About Time Limitations for Personal Injury Claims

Time limits are essential in personal injury law to ensure claims proceed efficiently. In Queensland, the limitation period for a personal injury claim is generally three years from the date of the injury. Missing this timeframe can hinder compensation eligibility, although in some cases, like serious injury or disability, extensions might apply. Consulting a personal injury lawyer early is crucial to understanding the limits that apply to your case.

Types of Personal Injury Claims and Their Specific Time Limits

Under personal injury law, there can be different limitation periods depending on claim type, such as:

• A car accident claim
Workplace injury
• Medical negligence claims
Public liability claims

Each has specific filing and notification requirements. For instance, if you suffered a workplace injury or were involved in a car accident, you generally have three years to file for compensation.

However, some claims may require early notice, such as within months from the date of the injury for workers’ compensation claims.

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Is There Flexibility in the Time Limit for Personal Injury Claims?

Though strict, the limitation periods have exceptions. Courts may grant extensions, often in medical negligence cases where injury recognition is delayed or in cases with a reasonable excuse. It’s crucial to seek legal advice to determine if your situation qualifies for an extension.

Infographic of personal injury claims process timeline

Why Acting Early on a Personal Injury Claim is Crucial

Personal injury compensation cases rely heavily on the immediate collection of evidence and medical assessments. Acting promptly ensures a fair trial and preserves critical evidence. A delay can make it difficult to claim compensation if important details or records fade over time.

Furthermore, insurance companies often become suspicious if there is a significant gap between the accident date and commencing legal action. In this circumstance, they are far more likely to start an in-depth investigation and sometimes, hire a private investigator.

Can an insurer spy on me? >

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. Understanding how Queensland legislation relates to your circumstances is free. Call Now 1800 700 125.

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Personal Injury Limitation Period FAQs

Can I still file a personal injury claim if I discover my injury later?

Yes, extensions are possible if the personal injuries were not immediately evident, as in medical negligence cases or certain dust-related conditions. A Queensland court may evaluate whether a reasonable explanation justifies an extension.

What if the at-fault party is unknown or uninsured?

For cases like motor vehicle accidents involving an uninsured driver or a hit-and-run, the Nominal Defendant scheme may cover your injury. This type of motor vehicle accident claim has a much shorter limitation period, so you should take action immediately.

Does the three-year limit apply to workplace injuries?

Generally, workers’ compensation claims require timely action, typically six months from the incident date for initial WorkCover claims, though the broader three-year limit usually applies for further legal action, like common law damages for employer negligence.

What should I do if my child is injured?

For minors, a claim can proceed immediately, or they may initiate their own personal injury claim within three years of turning 18.

Disclaimer

Disclaimer – This is general information only and does not constitute legal advice. It is free to receive legal advice on your situation. Please get in touch with our experienced personal injury compensation lawyers for help understanding your legal rights and your free claim review. Call 1800 700 125 or email: claim@splattlawyers.com.au

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