I fell and injured my back almost 3 years ago at my local deli. It is usually fine but every now and then it flares up and I have to take time off work. As I get older the flare ups are worse. I think I should make a claim against the deli owners but they went out of business a year ago. Can I still bring a claim 3 years after the accident?
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 LegalEagle™ staff, Northcote 3070 VIC
- There are limitations on how long you can wait before lodging a claim. Up to 3 years is usually within the time limit. You should check the law in your state or territory just to be sure. You do not need to have all of the information and evidence prepared before lodging a claim. Even if you just start the claims process now it can take years to achieve a resolution. It is best to act promptly as you mentioned that the accident occurred almost 3 years ago.
- It will be difficult for you to track down the owners of the deli. You may wish to contact the building owner to find out the registered address of the previous deli tenants. Alternatively you can look up the business information on the Australian Business Name (ABN) register or undertake a company search if you remember the name of the business.
- You may wish to engage a lawyer to help you make these investigations as they have experience in making such enquiries.