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Time Limits For Personal Injury Claims

Did you know that if you have been injured during the course of your work, in a traffic or motor vehicle accident or in a public place due to the negligence of another party you only have a certain amount of time to make a claim for compensation?

If you have been injured in one of these ways it is crucial that you speak to a lawyer and obtain legal advice as soon as possible after the accident to ensure all your documentation is completed correctly and lodged on time.

Time limits for WorkCover claims

Workers Compensation claims must be made within six months of the injury being sustained or accident occurring to meet the time limit. In certain circumstances, this may be extended to three years, but it is always best to seek advice from a workers compensation lawyer first instead of assuming the deadline will be extended.

Each workplace will have its own policy and procedure for reporting workplace injuries but typically if a worker is injured during the course of their job they must always report the incident and/or injury to their workplace in the first instance. 

Time limits for Public Liability claims

Public liability claims are brought against parties who have an obligation to keep public spaces safe and in a state of good repair but fail to do so, causing harm as a result. These injuries may occur in shopping centres, parks, car parks or rental properties and can include falls, or other injuries made by equipment or facilities being in disrepair.

The time limit to claim compensation for injuries sustained in a public place due to the negligence of another party is generally three years. This time period is from the date the accident occurred and any legal action relating to the claim must have both commenced and concluded within this timeframe.

Time limits for Motor Vehicle Accident claims

From the time of the car accident that caused the injury, a claimant will have up to three years to both make and settle a claim for motor vehicle compensation.

It is always recommended to seek medical advice as soon as possible after the accident because injuries that don’t seem too severe immediately after the accident can often become worse over time.

Extensions on the time limit may be permitted by the court, but due to the time limitation already providing the claimant with a number of years to settle their claim there may not be reasonable grounds to apply for an extension if that initial deadline is missed.

What happens if you try to make a claim outside the time limitations for a personal injury compensation claim?

It is at the discretion of the court to grant an extension on the time limit however, extensions are uncommon and are usually allowed in cases only where there are special circumstances as to why the claim was not lodged before the deadline lapsed.

If you are seeking compensation for a personal injury, an injury that occurred in a public place or at work or an injury sustained during a traffic or motor vehicle accident our experienced injury lawyers can help. It is important to seek legal advice as soon as possible to ensure you do not miss any of the time limits outlined above.

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