If you have been injured and wish to make a claim for compensation, you will need to engage the services of a personal injury law expert who can help you through this legal process. As with most things in law, there are time limits associated with making a claim.
In order to first be able to make a claim for compensation you will need to show:
Once you have established that you may have a claim, you will have a specific timeframe in which to commence an action against the party who is responsible. As a general rule, a legal action for compensation must be commenced within three years of the date the personal injury occurred. However, there are specific laws which relate to injuries which arise due to:
If you miss the specific deadlines, your claim will be barred by the statutory limits and you will lose all rights to claim compensation.
This article explains the general and specific time limits for different types of injuries, and also explains relevant time limits associated with court procedures. This information applies to incidents that occurred in the State of Queensland including Gold Coast, Sunshine Coast and Brisbane personal injuries.
While a general three year time limit exists for personal injury claims, the time limit for making a claim under WorkCover is much shorter.
It is important that if you have been injured at work that you advise your employer of your injury as soon as possible. This is because you need to be able to prove that your injury happened at work or in connection with your employment. If you delay advising your employer it may be harder to connect your injury with the events as they happened at work.
As with any other type of compensation, legal advice in the early stages is helpful in ensuring that time limits are met and that all relevant avenues for compensation are pursued.
Being injured in a road accident can be highly difficult and stressful. It is natural that you will want to get back on your feet again as soon as possible. If your injuries were caused by the negligence of another driver you will be able to make a claim for motor vehicle injury compensation for the injuries and damage suffered in your accident.
A claim for compensation must be made by providing written notice to the insurer against which the action is being brought within nine months of the accident (or the first symptom of your injury if not immediately apparent), or within one month of consulting a lawyer about your claim - whichever comes first.
We can provide advice on all types of compensation and assist with the process, but it is important that legal advice is obtained as soon as possible when making a claim for road injury compensation.
Delays in making a claim can be detrimental to the compensation process and may interfere with your ability to recover compensation.
When you have been injured in a public place such as a supermarket or playground and your injury was caused by the negligence of the party responsible for the public place, you may be able to seek compensation. A public place injury claim is made against the negligent party’s insurance provider.
A claim for compensation must be made by way of official Notice of Claim served on the party you believe to be at fault within nine months of the injury, or within one month of consulting a solicitor about your claim, whichever is first.
Depending on your accident and injuries, there may also be other time limits in place and relevant factors to adhere to. This is why early legal advice is vital to ensure your claim progresses smoothly and you are not barred from seeking appropriate compensation.
For minors, the obligation to serve the other party with a Notice of Claim begins when the child turns 18. That is, the relevant statutory time limit commences when a person turns 18.
For example, a child may have been injured at 16, but the limitation period commences when the child turns 18.
It is vital that you seek legal advice if your child has been injured as a result of someone else’s negligence so that you have a full understanding of the rights and responsibilities you face in commencing action for compensation.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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