A year ago I fell up the stairs at my local shopping centre because they had just been cleaned and were still wet. There was no sign warning me of this danger. I've since had trouble with my left hip and it shows no sign of resolving. Can I still make a claim?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Janelle Black, Brisbane 4000 QLD
- You will need to check the law in your state or territory but in most jurisdictions you should still be able to make a claim within one year of sustaining an injury in a personal injury.
- You will need to act quickly if you want to make a claim as it will become more difficult to gather all of the information about your accident and injury as time goes by. It is quite common for large insurance companies or companies that are the respondents in these claims to ask the question as to why it took you so long to make a claim.
- The other reason you should not hesitate to make a claim if it has been one year since your accident is that the law imposes strict time limits on making claims. In some states and territories you can make a claim within 3 years of sustaining personal injury as a result of negligence. After this time you may be barred from commencing a claim unless your circumstances are exceptional.