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
- Splatt Lawyers’ compensation can advise on the time limit during a free case review.
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. A QLD personal injury lawyer understands the limits that apply to a 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.
Do I Have a Valid Claim?
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. You can seek legal advice to determine if your situation qualifies for an extension.
How Can I Be Sure of My Personal Injury Limitation Period?
Splatt’s compensation lawyers provide a free case review that can explain the limitation period that applies to a personal injury claim. It’s free to know how Queensland legislation relates to your circumstances. Call 1800 700 125.
Personal Injury Limitation Period FAQs
Can I still file a personal injury claim if I discover my injury later?
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?
The Nominal Defendant scheme may cover injury for cases like motor vehicle accidents involving an uninsured driver or a hit-and-run. This type of motor vehicle accident claim has a much shorter limitation period.
Does the three-year limit apply to workplace injuries?
Generally, workers’ compensation claims require timely action, typically six months from the incident date for WorkCover claims. However, 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.