Time limits
WorkCover accident and injury claims - time limits details
Road accident injury claims - time limits details
Other injury claims - time limits details
WorkCover accident claim time limits
Generally, in relation to accidents in Queensland you only have three years from the date of an accident within which to issue proceedings in Court. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.
However if a Notice of Claim form is lodged and deemed ‘compliant’ within the three year period the limitation period is extended until 60 days after a compulsory conference is held. If a Notice of Claim is not lodged and compliant within the three year period the action will be statute barred.
So don't delay. Protect your rights and contact us by clicking here to receive free legal advice.
Road accident injury claims time limits
For road accidents or motor vehicle accident claims strict time limits are enforced.
Generally a notice of claim must be lodged within nine months from the date of the accident, failing which your claim can be dismissed by the insurer.
Should the defendant's vehicle be uninsured, or unidentified, then notice must be given to the Nominal Defendant within three months. Failure to do so will result in you losing your right to claim forever. If you believe the nominal defendant may be involved in your matter, click here.
Generally, you have only three years from the date of an accident within which to issue proceedings in court. If you do not comply with notification and other procedures pursuant to the legislation and issue in court within this time then you could lose your rights forever and be prevented from claiming.
Written notification of the accident must be given to the police.
So don't delay. Protect your rights and contact us by clicking here to receive free legal advice.
Other personal injury claims time limits
Generally, you only have three years from the date of an accident within which to issue proceedings. If you do not settle or issue proceedings within this time, you could lose your rights forever and be prevented from claiming.
Generally, written initial notification in the form a 'Notice of Claim' must be given to the party liable for the injury within either nine months of the injury or one month after consulting a solicitor. Special provisions apply in relation to notification in medical negligence matters, especially those involving children. In these circumstances you should contact a personal injury accredited specialist solicitor to ensure that your rights are protected. Click here.
If the Notice of Claim is lodged outside this time period, an explanation must be provided detailing a reasonable excuse for delay.
Once the Notice of Claim has been deemed 'compliant' and medical reports are obtained, a compulsory settlement conference must be held prior to being in a position to lodge court proceedings.
There are important time limits which may alter the three year limitation period, for example, following a compulsory conference proceedings must be issued within 60 days following the conference.
It is therefore important that you contact a personal injuries accredited specialist. To do so, click here or call our hotline on 1800 700 125.