About QLD Personal Injury Claim Time Limits
In Queensland, there are strict legal time limits for personal injury claims. These limitation periods set a deadline for commencing legal action to recover damages for a financial loss incurred by a negligent party.
If you miss these critical time limits, you are typically statute-barred, which means you cannot claim compensation for your loss.
Disclaimer: The information below is not legal advice. An experienced personal injury lawyer can provide advice specific to your situation.
QLD Limitation of Actions Act 1974
- The law imposes strict time limits, known as limitation periods, within which civil actions must be commenced in court.
- In Queensland, the Limitation of Actions Act 1974 (Qld) (LAA) sets out the time periods for starting personal injury litigation.
However, this legislation does not apply when another piece of legislation (like the Personal Injuries Proceedings Act) defines a different period for specific types of injury claims.
What is a Limitation Period?
A limitation period is the maximum period of time permitted to commence court proceedings after suffering a financial loss due to a personal injury.
For adults, the Limitation of Actions Act 1974 in Queensland says that, in most cases, the general time limit is three years from the date of the accident (or incident that gives rise to the claim) to start court proceedings.
- If a limitation period expires, it may be difficult or impossible to commence legal proceedings, even if the case has merit.
- The limitation period serves to facilitate resolution within a reasonable time and to prevent the court from presiding over cases unlikely to succeed due to a loss of evidence.
- The claim does not need to be heard in court within the prescribed time limits, but the relevant legal documents initiating the claim must be filed in the court registry.
Missing the three-year deadline can permanently bar you from seeking compensation for your loss. In this case, the defendant may object, leading to the lawful rejection of your case.
But There are Shorter Limitation Periods
- The three-year time period is the general time frame for seeking common law damages. However, you may need to notify the liable party and insurance company much sooner.
- The time limit for specific types of claims can differ, such as medical malpractice or claims against government entities, which typically have shorter notice periods.
- Many jurisdictions have additional pre-court notice requirements that must be met even earlier than the main filing deadline, and these requirements are critical to adhere to.
- In fact, most personal injury claims require action within a few months, or even one month when a compensation lawyer is working on your case.
What if the Limitation Period Has Expired?
If your limitation period has expired, you may still be able to take action under certain circumstances, including:
- The injured person was younger than 18 at the time of the accident
- The injured person was living with a disability at the time of the accident
- A Queensland court may grant an extension of time in some cases
Free Consultation for Personal Injury Claim Time Limits
In Queensland, you have the right to seek advice for an injury caused by someone else’s negligence. Our personal injury lawyers offer a free consultation that can explain the limitation periods that apply to your circumstances.
All our legal services are backed by a 100% no-win, no-fee, no-risk guarantee. Pay for a win and zero if you lose. It’s free to know where you stand. Call 1800 700 125
Limitation Periods for Different Types of Claims
Motor Vehicle Accident (CTP) Claims
The Motor Accident Insurance Act 1994 establishes strict time limits for car accident claims in Queensland, which are as follows.
Claim Type | Lodgement Deadline |
|---|---|
Lodge CTP claim form
(known driver) | Within 9 months of the accident (or first appearance of symptoms), or 1 month of meeting with a lawyer about acting on the person’s behalf (whichever is earlier) |
Notice to Nominal Defendant (unidentified/uninsured driver) | Within 3 months of the accident or up to 9 months if you have a reasonable excuse for the delay |
Common law damages | Up to 3 years from the date of the accident to commence legal proceedings |
Children under 18 years old | 3 years from becoming 18 and before turning 21 |
Table of car accident claim time limits QLD
Workers' Compensation Claims (WorkCover QLD)
The Workers’ Compensation and Rehabilitation Act 2003 covers workplace injury claims in Queensland. There are two main types of claims when a person suffers a work-related injury or illness, each with different time limits.
- Statutory WorkCover claim for workers’ compensation benefits
- Common law claim for employer negligence
Claim Type | Lodgement Deadline |
|---|---|
Report injury or illness to WorkCover | Within 8 business days |
WorkCover statutory claim | 6 months from the date of injury or awareness of symptoms |
WorkCover common law claim for employer negligence | 3 years from the date of injury |
Minor injured at work | 3-year limit begins at age 18 |
Table of work injury claim time limits QLD
Public Liability Claims (PIPA) and Medical Negligence
The Personal Injuries Proceedings Act 2002 (PIPA) covers a wide range of cases, including personal injuries resulting from negligence in public spaces, on privately owned property, and due to poor medical care. This legislation sets lodgement time periods for:
- Slips, trips or falls
- Defective products
- Dog and animal attacks
- Rental property injuries
- Medical negligence
For most PIPA claims, there is a general three-year limitation period to commence proceedings.
Action | Lodgement Deadline |
|---|---|
Lodge notice of claim | Lodge a claim form within 9 months of the incident or 1 month after your first meeting with a lawyer, whichever deadline comes first |
Court proceedings for damages | Adults must claim within 3 years of the injury |
Minors under 18 | The timeframe for children starts at age 18, allowing them to sue until they turn 21 |
Table of public liability claim time limits QLD
Extension of Time for Children and People with a Disability
There can be an extension of time for children and people living with a disability, as they may be unable to manage their own legal affairs. Below are the standard exceptions to limitation periods.
Although there are extended time periods for some injured persons, delayed lodgements can create a series of issues that jeopardise a claim. Therefore, parents and guardians should consider seeking expert advice about the legal process.
Children (Below 18)
You cannot lodge a claim for a child until they are 18 years old. They then have a three-year limitation period to start pre-court procedures. This rule applies to all types of personal injury claims. However,
- A parent or guardian could start legal proceedings on their child’s behalf before they are 18 years old
- The parent or guardian would take the role of litigation guardian
- A court would have to approve the settlement offer
People With Reduced Legal or Mental Capacity
The statute of limitations can be paused if the injured person is a minor or has a mental disability at the time of the injury, typically starting when they turn 18, or when the person ceases to have a disability. For example:
- For the period they are considered incapable of managing their affairs, the statute of limitations may be paused.
- The lodgement time will start again when the claimant recovers their mental capacity or when a court-appointed guardian acts on their behalf.
NOTE: If a person was disabled on the date the cause of action arose, the limitation periods are extended to 6 years from the date the person ceased to be under a disability or died, whichever is earlier.
Child Abuse
There is no limitation period for bringing a claim in relation to an injury that results from certain types of abuse suffered by a person as a child.
What If I Miss the Personal Injury Claim Time Deadline?
There are some rare extensions to the mandated timeframes, and a personal injury lawyer understands the eligibility requirements.
Not Meeting the Limitation Period
Failing to lodge within three years from the date of the incident generally means being statute-barred, which means:
- The liable party can legally defend the matter
- A court will dismiss the case
- You cannot claim compensation (with some rare exceptions)
Court-Granted Extension of Time
A court may grant an extension of the time limit if it is considered just and reasonable, provided a compelling reason explains the delay. For example:
- You discovered you were injured years after the date of the incident (symptoms weren’t immediately apparent)
- The Limitation of Actions Act provides that the limitation period can be extended if the injured person discovers a material fact of decisive character after the limitation period has expired.
- Someone intentionally hid the injury
- You were living with a disability at the time
- The court may allow an extension of time for personal injury claims if the claimant can show that the defendant is not unduly prejudiced by the lapse of time.
When a legal action is fraud-related, the limitation period starts from the date the claimant discovers the fraud or mistake (or could have discovered it with reasonable diligence)
Don’t assume a court will extend the time based on the above information. Instead, get expert advice to understand your legal position.
Not Meeting the Notice Period for CTP and PIPA Claims
If you miss the 9-month or 1-month deadline for CTP or PIPA claims, you could still submit the notice with a written reasonable excuse, such as:
- Not knowing the time limits is sometimes accepted
- Allowing time to see if you recover from your injury or illness
- A diagnosed mental health condition
- Failing to understand that you had a serious injury
- Late legal advice due to your personal situation
NOTE: Even if you have an accepted excuse for the above, the 3-year legislated deadline still applies.
Not Meeting the 6-Month WorkCover Date
Depending on the circumstances, WorkCover QLD may grant a late statutory claim if a reasonable explanation can be provided. However:
- Claims that are filed years after the incident are often rejected
- If you have an accepted WorkCover claim, you may not receive backdated benefits
- Lodging early is a wise choice for protecting your rights
Taking Action Before the Limitation Period Expires
Even though QLD laws allow a maximum of 3 years to seek compensation for an injury caused by a negligent party, taking early action usually results in better outcomes for the following reasons.
Deterioration of evidence over time: CCTV footage, medical records, physical evidence, and witness testimony are more reliable when they are recent (and not deleted or removed).
Insurers often question late lodgements: Insurance companies are more inclined to look into late filings and could start an investigation.
Pre-Court procedures can take time: Pre-court procedures aim to resolve personal injury claims through negotiation before court proceedings are necessary, and these can take months.
It is unlikely you will be granted an extension: Deadline extensions are rare, so lodging early is a safe choice.
A lawyer needs time to review your case: For legally represented clients, your lawyer will need time to review evidence and assess a case to ensure a fair trial or mediated settlement.
That’s why it is critical to seek prompt legal advice from a qualified attorney to determine the exact time limits applicable to your case due to complexities in the law.
QLD Personal Injury Claim Time Limit FAQs
What if an injury is not immediately apparent?
Sometimes an illness or injury shows up years after the triggering event, like being exposed to asbestos or having botched surgery.
- In such cases, there may be an extension of a further year from when the claimant knew of (or had a reasonable means of understanding) the material fact.
- The above only works when the material fact is outside the claimant’s means of knowledge (or reasonable means of knowledge).
What is the time limit for personal injury claims in Australia?
The general time limit for personal injury claims in Australia is three years from the date of the incident that gives rise to the right to take legal action.
What is the 52 week rule for workers' compensation?
Under the 52-week rule, an employer cannot terminate an injured worker’s employment if they cannot perform their duties for 52 weeks. After that, they can end their job role.