Did You Know? Your Personal Injury Claim Has A Time Limit.

Did you catch our previous post about public liability claims? What you may not be aware of is that in Queensland, there are laws which set strict time limits and requirements for making a general personal injury claim. 

We’ve written this follow up post to highlight the key details you need to know so you don’t miss out. 

Time limits for injuries belonging to a public liability claim

General personal injury claims that fall under public liability, that is, the injury didn’t happen at work, in a motor vehicle accident, due to medical negligence or as a result of a crime, have their own specific time limits.

These are the two important time limits you need to be aware of – 

1. When you must notify the other party

By law, you’re required to notify the person/party you’re claiming against:

  • nine months from the date of injury, or
  • one month from instructing a lawyer (whichever is earlier).

When the claimant is a minor

For children and minors, the obligation to notify the other party of the claim begins when the child turns 18. Alternatively, a parent or guardian of the child may notify the other party of the claim before the child turns 18. 

2. When you must start court action

You’re also then required to start court action within three years of the date of your injury. Failure to do so may see your claim thrown out. 

Because of these time limits, it is essential that you seek appropriate legal advice that might support your claim. These strict time limits are one reason why self-representation might not be the best option for a public liability claim. 

When your claim misses the deadline

Unlike school assignments where you could usually expect a soft-hearted teacher granting a no-questions-asked extension, if you miss these claim time limits, you’re out of luck.

If legal proceedings are not commenced within the required limits, they are deemed to be statute barred, which forms a complete defence to your claim. This means you lose out on compensation money you could be entitled to, that could have helped cover your out of pocket expenses now and in the future as you fully recover from your injuries. 

 

Get in touch for an obligation free chat with our compensation experts

If you think you might have a public liability claim because of a recent injury suffered due to third party negligence, you should consider seeking legal advice immediately to make sure you don’t miss the time limits to claim. 

You can get in touch with our personal injury lawyers for a free helpful chat and take advantage of our no win, no fee, no problems guarantee.