A range of time limits apply to the making of personal injury claims. To begin with, most personal injury claims are subject to pre-court procedures which are aimed at resolving claims by negotiation before commencement of court proceedings is necessary. In the case of motor vehicle and public liability claims, these pre-court procedures generally have to be commenced by notification within the earlier of:
- 1 month from the date you consult a lawyer (motor vehicle accident claims) or you instruct a lawyer to act for you (public liability claims); or
- 9 months from the date the injury was sustained.
These periods can be extended as long as there is a “reasonable excuse for delay”. While these time limits should never be taken for granted, the requirements of so-called “reasonable excuse” are not particularly harsh. For example, simply being unaware of these time limits can be a reasonable excuse, and taking time to wait and see if your injury will recover can also be a reasonable excuse. What is “reasonable” in any given circumstance has to be assessed on a case-by-case basis.
Work injury claims also involve pre-court procedures but these are not subject to the time limits mentioned above. The general 3-year limitation period on common law claims applies to these claims.
This 3 year period applies to most claims for personal Injury in Queensland, be they motor vehicle injuries, workplace injuries, or public liability injuries. It expires 3 years from the date an injury was suffered. We call it a limitation period.
The limitation period is a “hard” time limit. It cannot be extended simply with a reasonable excuse. Importantly, unlike the pre-court time periods referred to above, the fact that someone is not aware of the 3-year limitation period is not a basis for extending it.
Taken by itself, this can produce unjust outcomes, especially where the claimant has no means of knowing the information required to make a claim.