Time Limits to Make a Personal Injury Claim

For most personal injury claims, a legal action must be commenced within3 years of the date of the injury. If you miss this deadline, your claim will be statute barred and you will lose all rights to claim compensation. 

However, depending on where your injury occurred and who you are suing, specific pre-court procedures may apply. Pre-court procedures have their own time limits which are much sooner. If you miss these time limits you may lose your right to claim unless you can provide good reasons as to why you delayed and why you should be allowed to proceed with your claim.

The time limits specified by some pre-court procedures are set out below

• If your injuries were sustained at work: Statutory worker’s compensation claims in Queensland must be filed within 6 months from the date of the accident or the date you become aware of your injury. If you intend to then sue your employer for negligence (otherwise known as a common law claim) you must request an assessment of permanent impairment from the workers’ compensation insurer within 2.5 years of the injury.
• If your injuries were sustained in an motor vehicle accident: Pre-court procedures require you to serve an official Notice of Claim on the party you believe to be at fault within 9 months of the injury, or within 1 month of your consultation with a solicitor in relation to your claim, whichever occurs first.
• If your injuries are the subject of a public liability claim: If you are making a claim for personal injuries against an occupier, property owner or public authority, pre-court procedures require you to serve an official Notice of Claim on the party you believe to be at fault within 9 months of the injury, or within 1 month of your consultation with a solicitor in relation to your claim, whichever is first.

If you are under 18 years of age 

For minors, the obligation to serve the other party with a Notice of Claim begins when the child turns 18, however a parent or guardian may do this on behalf of the minor before they turn 18. 

In the case of medical negligence claims, a parent or legal guardian of a minor must serve a Notice of Claim within 6 years of the day when the parent or guardian knew or ought to have known of the injury.

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