Whether you’ve been injured in a motor vehicle accident, while at the gym or at work, you should be aware of the time limits for making a compensation claim.
Compensation law covers a wide range of personal injury matters. The law categorises personal injuries occurring under different circumstances. For example:
- Motor vehicle accident claims
- Workers compensation claims
- Public Liability claims
- Medical Negligence claims
When a person suffers injuries of a physical or psychological nature or dies due to someone else’s negligent actions, a compensation claim can be made to cover expenses incurred, including medical costs, loss of income or need for a carer.
How long after an injury can I claim compensation?
The law outlines rules and requirements for each type of claim, including set time frames in which an injured person is eligible to make a claim.
It is best to make a compensation claim sooner rather than later. Doing so earlier has its advantages as it will be easier to gather evidence that will support your case, like taking pictures of your injury, the place where the accident happened, recording details of witnesses, seeing a doctor and keeping records of all your medical expenses will all help your case.
The general rule for adults who are considering making a claim for personal injury compensation is that you have three years from the date of the accident or incident in which to bring a claim.
Unfortunately, those who are injured are not always aware of important claim timeframes. You may miss out on your claim altogether if you fail to make a compensation claim within the time stipulated.
However, this time limit may be extended in certain circumstances.
If a claim relates to an injury resulting in death or serious and permanent impairment of the worker, the claim may still be made beyond the three year period, if there is a reasonable cause for the delay.
An injured worker should make a claim within 6 months of being injured. In some circumstances, a claim can be made up to 3 years later, but there must be a convincing reason for the delay. For example, a worker may not realise their injury or illness was suffered at work until a later date, or when serious illness or injury symptoms manifest.
Do I need a personal injury lawyer?
If you’ve been injured and are looking to make a claim for compensation it’s important that you get advice from a legal expert specialising in your area of injury. The legal system is complex and a highly experienced lawyer will be able to guide you with your best options.
Not everyone is immediately aware of their rights to pursue legal action. This is recognised, and the Court in its discretion may allow an extension of the limitation period. The Court will consider factors such as the length of delay, reasons for delay, potential prejudice to the defendant; the plaintiff’s steps to obtain medical, legal or other expert advice, etc.
In all cases of personal injury, it’s important to seek professional legal advice as soon as possible. A personal injury lawyer can advise of the relevant time frames (which can be subject to change) and ensure documents are lodged accordingly.
Taylor & Scott Lawyers are experienced in compensation law and with their help you have the best chance of making a successful claim. Contact us on 1800 600 664 or fill out the online contact form for more information on how they can help you make a claim, even if it’s outside the specified time frame.
At Taylor and Scott “We Care For You”.
