OVERVIEW
Time limits do apply. The Law requires strict adherence to the many time limits. Failure to comply will often mean the case cannot proceed and compensation will then be denied.
GENERAL TIME LIMITS
In other states the time limits are different. If your accident occurred outside Queensland you should contact the Law Society in the applicable state. The following telephone numbers could change. You should contact your telephone directory for assistance.
- NSW 02 – 9926 0333
- VIC 03 – 9607 9311
- TAS 03 – 6234 4133
- ACT 02 – 6247 5700
- SA 08 – 8229 0222
- WA 08 – 9322 7877
- NT 08 – 8981 5104
In Queensland the law imposes the following strict time limits. A Claimant only has three (3) years from the date of an accident within which to issue proceedings. Should you not notify, settle, or issue within this time then you could lose your rights forever and be prevented from claiming.
Other case by case time limits may apply which delays in application would put at risk a claim if not complied with. Contact us for details.
Road Accident Time Limit
In Queensland the law imposes the following strict time limits;
- you only have three (3) years from the date of an accident within which to issue proceedings. Should you not notify, settle, or issue within this time then you could lose your rights forever and be prevented from claiming;
- written initial notification must be given to the insurer liable for the accident within one (1) month of the accident (but exceptions of time can be granted within one (1) month of the accident under certain circumstances);
- a Notice of Claim (called a Section 37 Notice) must be completed and lodged with the insurer liable for the accident within nine (9) months from the accident date, failing which your claim can be dismissed by the insurer;
- should the defendant’s vehicle be uninsured, or unidentified, then the notice must be given to the Nominal Defendant within three (3) months.
Work Accident time Limits
The law imposes strict time limits. In relation to an accident in Queensland you only have three years from the date of an accident within which to issue proceedings. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.
Furthermore, in order to protect your rights you must formally apply for compensation from WorkCover within six (6) months of the date of the accident. If your application is rejected, you should lodge an appeal within 28 days of the decision of WorkCover rejecting the claim.
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Time Limits for Public Liability, Occupiers Liability and Medical Negligence Claims
In Queensland the law imposes the following strict time limits:
- Generally you only have three(3) years from the date of an accident within which to issue proceedings. Should you not notify, settle or issue within this time you could lose your rights forever and be prevented from claiming;
- 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;
- If the Notice of Claim is lodged outside this period an explanation must be contained in the Notice of Claim as to the reasons for the delay.
- Once the Notice of Claim is ‘compliant’ a compulsory settlement conference must be held prior to being in a position to lodge court proceedings.
- There are also other important time limits that may alter the 3 year limitation period.
- Following a compulsory conference proceedings must be issued within 60 days following the conference.