UNDERSTANDING TIME LIMITATIONS IN PERSONAL INJURY COMPENSATION CLAIMS, QUEENSLAND
Updated: Oct 25, 2021
Wondering why there are certain time limitations involved in compensation matters?
If you have been injured throughout the course of work, due to a faulty product, on public grounds, in a motor vehicle accident or other incident that was no fault of your own, you may be entitled to compensation. However, it’s important to seek legal advice as soon as possible due to the strict time limitations that can apply.
Many who have fallen victim to a compensable personal injury and decide to bring a claim are unaware of the time limitations involved. Unfortunately for some, failure to submit their claim within the required time frame means that they have missed their window for claiming compensation.
Statute of Limitation
There is a law which is commonly referred to as the ‘statute of limitation’. Put simply, this law is what dictates how long a person has to bring a claim.
Depending on what type of claim you are looking to bring, there will be different time limitations involved. Listed below are four types of claims and their respective time limitations.
The Time Limits On Compensation Claims
• Product Liability Claims
If your injury was caused by a faulty product and you have suffered losses (money lost due to (a) an inability to work, (b) excess medical expenses or (c) rehabilitation and (d) personal care costs), you may want to bring a product liability claim to receive compensation for what you have lost.
In this case, it’s required you do so within three years of when the incident occurred or from when you became reasonably aware of the loss, the defect and the identity of the manufacturer.
• WorkCover Claims
When your work is the substantial contributor to your injury, and you have suffered losses, you may consider bringing forth a WorkCover or worker’s compensation claim. Claims of this sort need to be lodged within six months of when the injury became known. You can read more about worker’s compensation claims, their time limitations and reasons for rejection to be aware of here.
• Motor Vehicle Claims (CTP Insurance)
If your injury was caused through a car crash or other incident involving motor vehicles (of which were not your fault), such as a rear-end car crash that resulted in a whiplash injury, these matters could be compensable through CTP Insurance (Compulsory Third Party insurance). Generally, the time limit to make this claim is three years from the date of the accident. This is subject to change, however, so it is best to seek prompt legal advice first.
• Public Liability
Fallen on a public footpath due to damaged or hazardous grounds? Maybe you fell victim to a food poisoning injury? When you have sustained injuries that occurred in, on or due to a public domain and a ‘duty of care’ has been breached, you may want to bring forth a public liability claim.
What are the time limits involved? In Queensland, a public liability claim needs to be lodged within three years of when the injury was sustained.
What happens when you submit your claim outside of the time limit?
Adhering to these time limitations, irrespective of what stage of recovery you are in, can be a challenge. Failure to submit a claim in the requested timeframe can lead to a rejected claim- leaving you at a loss. There can be avenues for you to appeal the rejection, something that a qualified Personal Injury lawyer can assist you with. For more information on rejected claims and the next steps to take, click here.
How and Why a Personal Injury Lawyer can help with your compensation claim
The best way to ensure you are meeting all required guidelines for a claim, within the right timeframe, is to have a professional Personal Injury lawyer by your side.
While some may insist on handling matters on their own in respect to financial concerns, the cost of losing a claim due to inadequate information supplied, not adhering to time frames or simply lacking the knowledge of the law - is a much greater loss than the cost of professional legal support.
Further, if you are supported by a Personal Injury Lawyer who works under a ‘No Win No Fee’ arrangement, the peace of mind you will be granted can often outweigh any residual fear or financial concerns you may have had.
To put it simply, the cost of an Accredited Specialist Personal Injury Lawyer is priceless if it means you can recover from your injuries without stress- compensated for the financial loss these injuries have caused.
Contact Personal Injury Lawyers in Toowoomba, Roma, Brisbane Region
If you have suffered an injury due to circumstances you were not at fault of, and wish to seek compensation, we can help you.
To find out more, please follow the link below.