If you have been wounded, you have a limited amount of time to act in order to secure your entitlement to compensation. We’ve put up a quick guide to assist you understand the time frames involved with personal injury claims in Queensland. There are several exceptions to the time restrictions outlined below for those who were under the age of eighteen (18) at the time of the accident. We recommend that you get legal counsel about your specific circumstances so that you can determine if your claim may be pursued
Accidents in Motor Vehicles
You have three (3) years from the date of the motor vehicle accident to file a lawsuit, otherwise you may be banned from claiming compensation under the law. However, there are several processes that must be followed before a claim may be heard in court, therefore it is critical to get legal counsel as soon as possible.
If the other vehicle is insured, you must file a Notice of Accident Claim Form within nine (9) months of the accident or one (1) month of your initial appointment with a car accident lawyer, whichever comes first. A claim may be filed outside of this time limit, but the Insurer must be given a good explanation for the delay. You may address the delay with your lawyer, who will be able to help you. If you are unable to identify the other vehicle, or if it was not registered/insured at the time of the accident, your claim will be filed against the Nominal Defendant. The Nominal Defendant is a legislative entity established to recompense harmed persons when an Insurer is not available. All claims must be filed against the Nominal Defendant within nine (9) months of the date of the accident. A valid justification for the delay must be provided if a Notice of Accident Claim Form is not submitted within three (3) months of the date of the accident.
If you are injured on the job, you must file a claim within six (6) months after the injury. A claim filed after six (6) months will be approved only if it can be shown that there was an error, you were away from the State, or you have another valid reason. A work injury lawyer will be able to help you assess if any delay is fair.
Finally, in order to be eligible to compensation for a workplace accident, you must file a lawsuit within three (3) years of the date of the injury, or you will be banned by law. However, there are several processes that must be followed before a claim may be heard in court, therefore it is critical to get legal counsel as soon as possible.
Other Accidents and Public Liability
You may be entitled to compensation if you are hurt in a public area or by a medical institution or healthcare provider. The statute of limitations for filing a lawsuit in court is three (3) years from the date of the occurrence.
A Notice of Claim Form must be delivered on the other party within 9 months of the date of the occurrence (or the first development of symptoms) or within one month of your initial contact with a lawyer. If a legitimate justification for the delay can be demonstrated, a claim may be filed outside of this term. We recommend that you visit with a personal injury lawyer to discuss your claim and establish your eligibility to file a compensation claim.
Please contact our personal injury attorneys if you would like to discuss a claim or any question about compensation that you may be entitled to. To learn more, contact Sinnamon Lawyers.