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.
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.
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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