Personal Injury Claim Time Limits

In Queensland, the Limitation Act imposes strict time limits within which a personal injury claim can be commenced by court proceedings.  If the legal proceedings are not commenced within these time limits or time frames, the claim is deemed to be statute barred.  This forms what we call a complete defence to the claim.

How long do I have to make a personal injury claim?

The time frame for claims for damages for personal injuries (whether it be a workplace accident or otherwise) must be commenced within three years of the injury occurring.  For example, if your injury occurred on 1 July 2011, court proceedings must be commenced before 1 July 2014.

What other time limits apply to my claim?

Additional time limits also apply depending on whether the claim is due to a motor vehicle accident, a workers compensation injury, or some other circumstance, such as a slip and fall on private premises.  For instance, under the Workers' Compensation legislation, you can apply for a review of a decision by WorkCover within 3 months if you do not agree with their decision.  This time limit can be extended if 'special circumstances' are found to exist.

In the case Workers' Compensation Regulator v Pryszladk the Queensland Court of Appeal considered the issue of 'special circumstances' that can apply to an out of time review application.  In doing so, the Court found the fundamental reason for extension of time provisions is to ensure time limits do not cause injustice in a particular case.  This means that injured workers must be provided natural justice and procedural fairness at every step of the claim process.

Can I get an extension of time to lodge a claim for personal injuries?

In very limited circumstances, a court has the discretion to allow an extension of time within which the proceedings can be commenced.  This can include when a person suffers an injury but is unaware of the injury, or the extent of the injury, until the limitation period has expired i.e. lung disease.

This allowance may be made if it can be shown that the injured person did not have knowledge (or reasonable means of knowledge) of a critical aspect of their case until after the expiry of the limitation period.  A critical aspect of one's case must relate to either the accident or the damage suffered being beyond the injured person's means of knowledge.

It does not include the failure to obtain legal advice to understand the impact of the damage suffered.

The court also considers whether or not the injured person acted reasonably in the circumstances, including the attendance upon a GP or other medical professionals to seek treatment and rehabilitation.

Should I get legal advice?

Each case is very different and other time limits and critical dates can apply depending on the circumstances of the event that caused your injury and what legislation applies.

Contact our office on 07 4963 2000 or via our online contact form to find out where you stand.  Our experienced team will guide you through the required process.