Limitation periods: Do you know how much time you have to make your claim?

What do you mean by period of limitation?

In personal injury law, a limitation period refers to the deadline for filing a lawsuit in court. There’s a set amount of time from when your injury happened (or when you became aware of it) to initiate legal proceedings. If you miss this deadline, it may be difficult or impossible to sue for compensation, even if you have a valid claim.

What is an example of a limitation period?

In New South Wales, different limitation periods apply depending on if you are injured at work, in a motor vehicle accident, in a public liability claim or for medical negligence. Each different type of claim has a different limitation period, whilst a limitation period of three years from the date the injury occurred or the date you became aware of the injury is generally the rule, this can vary depending on the circumstances. You should speak to a lawyer as soon as you believe you have a serious enough injury to warrant making a claim and well within 3 years from the date the injury.

How long is the statute of limitations in New South Wales?

There isn’t a single “statute of limitations” in New South Wales. The limitation period depends on the specific type of legal claim. It’s important to consult with a lawyer to determine the exact limitation period applicable to your situation as soon as possible.

What is the reason for limitation periods?

There are several reasons for limitation periods:

• Preserving evidence: As time passes, evidence can become lost or harder to find. This can make it difficult for both the plaintiff (the person bringing the lawsuit) and the defendant (the person being sued) to present their case effectively.
• Fairness to the defendant: The longer someone waits to bring a lawsuit, the harder it may be for the defendant to defend themselves. Memories fade, and witnesses may become unavailable. Limitation periods help ensure a fair trial for both parties.
• Promoting finality: Lawsuits can be stressful and expensive. Limitation periods encourage resolving claims in a timely manner and allow people to move forwar

Workers’ Compensation Claims (claims made from 01/01/02)

Notice must be given to the employer of the employees’ injury as soon as practicable and this notice must be given before the employer leaves the employment.

Claims for compensation must be made within 6 months of the date of injury. However, claims can be made within 3 years of the date of injury if the failure to make the claim was due to ignorance, mistake, absence from the state or any other reasonable cause.

Appeals against a medical assessment must be made within 28 days.

Work Injury Damages (claims made from 26/11/01)

Work injury damages claims must be made within 3 years from the date of the injury, except for where leave is given by the court.

Court proceedings cannot commence until a claim for damages has been made in accordance with the Workers’ Compensation statutory limitations as mentioned above.

A claim for lump sum compensation must be made at the same time or prior to a work injury damages clam.

Personal Injuries (claims made from 06/12/02)

Personal injuries include medical negligence claims and product liability claims.

Medical Negligence & Public Liability

Claims must be made within 3 years from when the cause of action is discoverable or 12 years from the time when the act or omission causing the injury or death occurred.

• NOTE: Discoverable means the first date that the person knows or ought to know that the injury or death has occurred, the injury or death was caused by the fault of the Defendant, and in the case of injury, the fact that the injury was sufficiently serious to justify the bringing of an action.

For minors the limitation period is not suspended until they reach 18 years of age if they have a capable parent or guardian. For minors who are injured by a parent, guardian or close associate the limitation period commences when the minor turns 25 or from the date of discoverability, whichever is the latter.

Product Liability

Actions for damaged (from 01/01/11):

• 6 years after the date of the cause of action accrues (Note: this does not apply to personal injury actions)

Actions against manufacturer and importers of goods (from 01/01/11):

• 3 years from the date the person became aware or ought to have reasonably become aware of the alleged loss or damage, the safety defect of the goods, and the identity of the manufacturer, or within 10 years of the supply of the goods by the manufacturer

Motor Vehicle Accidents (claims made from 5/10/99)

The accident should be reported to the Police within 28 days and a claim made through SIRA within 28 days.  You do, however, have up to 3 months from the date of the accident.

For a common law claim for damages you have 3 years to make a claim from the date of the accident.

There is a principle limitation period of 3 years. This 3 year period does not include the time from when the claim is referred for assessment.

Referral to MAS does not suspend the time limitation

There is no suspension of time for minors.

For further information, review our  Motor Vehicle Compensation Claims Success Guide.

Compensation to relatives (acts or omissions on or after 06/12/02 leading to death)

First to expire of:

• • 3 years from the date when the cause of action is discoverable
  • 12 years from the death of the deceased

If You’re Unsure, Make Sure to Contact a Lawyer

As you can see the time frames surrounding personal injury claims and common law claims are complex, and change greatly depending on the type of claim being made, which is why it is important to know the statutory limitations.

If you did not know you could make a claim and the limitation period has expired it is strongly advised that you contact a lawyer at your earliest convenience as you may have a reasonable excuse that would allow you to make an out-of-time claim.

Please do not hesitate to contact our lawyers as follows;

1. Complete our Free case assessment form
2. Email us
3. Give us a call today

Reference: Lawcover Insurance Pty Limited, ‘Schedule of Limitation Periods in Civil Matter in New South Wales’ (2017) 24.