As a compensation lawyer, one of the most disheartening things we see is when a person comes to us for advice about an accident only to realise their potential cause of action is out of time. Often they are the people who have simply toughed it out for as long as they possibly could, not wanting to be “one of those people”, or simply believing everything would resolve for the better in due time.
Unfortunately, these commonplace circumstances are not an antidote to a person’s right to claim being adversely affected or completely lost as a result of a limitation period expiring prior to that person seeking legal advice.
It is so important to make enquiries to with a legal firm as early as possible, even if a person is only considering the possibility of a potential claim, so that the relevant time limits can be flagged. There are some circumstances in which time limits can be altered, or can be extended, so seeking legal advice is crucial to ensure all of the options are considered and the best advice given.
We have listed some of the most common time limits below for your information –
|General Compensation Claim||Bring compensation claim||3 years from date of accident|
|Notice of intention to bring compensation claim||1 month from consulting a lawyer or 9 months from date of accident (whichever is sooner)|
|Workplace Accidents||Bring compensation claim||3 years from date of accident|
|WorkCover Queensland statutory claim||6 months from date of accident|
|Assaults||Victim Assist Queensland application||3 years from act of violence|
|Motor Vehicle Accident||Bring compensation claim||3 years from date of accident|
|Notice of Accident Claim form to be provided to CTP Insurer of vehicle at fault||1 month from consulting a lawyer or 9 months from date of accident (whichever is sooner)|
|Notice of accident form to be provided to Nominal Defendant (where unable to identify the vehicle at fault)||three 3 months from the date of accident – In any circumstance, a claim must be lodged within nine (9) months of the date of the accident, or it will be barred.|
|Property (MVA)||Property damage claim||6 years from date of accident/damage|
To request information about our available legal services, or to discuss your personal circumstances with one of our experienced compensation lawyers about a compensation claim, please do not hesitate to contact the Turner Freeman Lawyers Team on 13 43 63.