Injury Compensation Time Limits You Should Be Aware Of

Compensation law covers a wide range of personal injury matters. When a person suffers physically or psychologically, or dies due to someone else’s negligent actions, a compensation claim can be made. Personal injuries are many and varied, occurring under different circumstances, with the law categorising personal injuries accordingly. For example, vehicle accidents and workplace injuries are overseen by laws specific to the circumstances. These laws outline rules and requirements for each type of claim, including set time frames in which an injured person is eligible to make a claim. This is known as the ‘statute of limitations’, and if a claim is not made within this time frame the potential litigant can become ‘statute barred’.

What is a personal injury compensation lawyer?

Taylor & Scott Lawyers are specialists in their respective fields, including personal injury compensation. In any endeavour, the best results are always attained by experts, and personal injury compensation is no exception. Examples of Taylor & Scott Lawyers expertise includes:

  • Work Place Accidents
  • Motor vehicle accident compensation
  • Workers compensation
  • Personal injury
  • Public Place Injuries
  • Family law
  • Migration law
  • Wills and estates
  • Property
  • Employment

Unfortunately, those who are injured are not always aware of important claim time frames. The delay could have serious repercussions, including missing out on much needed compensation. It’s important to note that different time limits apply in Australian states and territories, so here is some information applicable to NSW.

Motor Vehicle Accident Claims: A motor vehicle accident claim for personal injury should be submitted as soon as possible, but no later than 6 months after the accident. It’s also important to notify police of a motor vehicle accident within 28 days, as failure to do so could affect a future claim.

Workplace Compensation Claims: An injured worker should notify the employer of their injury as soon as possible so the injury is recorded. Thereafter, a compensation claim needs to be made within 6 months of the date of injury. 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.

Public Liability Claims: When an injury is suffered in a public space, medical attention and advice should be sought out immediately. Court proceedings for a public liability claim must commence within 3 years of the injury occurring.

Medical Negligence Claims: A claim of medical negligence should be made 3 years from the date of injury or diagnosis. In NSW, the same 3-year time frame applies to medical negligence claims involving both children and adults. The 3-year time limit does not apply while a person has a disability such as mental impairment, or in cases where a minor is without a capable parent or guardian.

Do I need a personal injury compensation lawyer?

People making compensation claims are usually unfamiliar with the procedure. In addition, personal injury claim damages are evidence-based, and obtaining all required information can be difficult or even traumatic for affected persons. It makes sense to employ the services of lawyers who know personal injury compensation claims inside-out. Taylor & Scott personal injury compensation lawyers will navigate difficult claim situations, including correspondence with treating doctors, police, the defendent and anyone else that can add weight to your claim. As always, when you need results it’s best to trust experienced professionals in their respective fields.

Can you make a claim outside the statute of limitations?

Depending on the circumstances of your case, you can apply to make a claim even if it is outside the specified time frame. A claimant will need to provide a reasonable explanation for the delay or the claim may be dismissed. If you are granted permission to make a claim outside the specified time frame the delay may still weaken the case.

In all cases of personal injury, it’s important to seek professional legal advice as soon as possible. A compensation 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 them 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.

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