Compensation & Insurance: Personal Injury - Guides
Personal Injury
3. Limitation Periods
Firm / Chambers:
Last updated: 13 Aug 2015
- A limitation period is the period of time after an accident has occurred during which you may bring a claim against a person or company. After the limitation period has expired you will be barred from bringing legal action except under special circumstances.
- The legal limitation period for personal injury claims is usually 3 years but you will need to check the legislation (written law) in your state or territory because the rules may be different in your jurisdiction.
- This does not mean that your claim must be finalised within 3 years. It simply means that you must commence the claim within 3 years of the accident.
- Once you commence the claim you have several more years within which to gather evidence, prove your case and negotiate compensation.
- If you have run out of time you can apply to the court to request an extension to the limitation period. You will usually need to seek the assistance of a lawyer to do this. The limitation period will only be extended under exceptional circumstances. You will need to provide a reasonable excuse for missing the limitation period.
- Limitation periods do not exist for personal injury resulting from dust diseases and asbestos claims. It can take several years for a person to realise they have a dust disease or asbestos related condition. The law recognises this and allows people to claim over a longer period of time.
- Other latent diseases such as post-traumatic stress disorder may also have longer limitation periods in some circumstances.
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