No Win No Fee Personal Injury Lawyers, Brisbane & Gold Coast explain how limitation periods in personal injury claims in Qld can be extended. No Win No Fee Lawyers servicing Qld with offices in Brisbane & Gold Coast. Providing FREE legal advice to Queenslanders 24/7.
In Queensland, a Civil action involving a claim for personal injury damages or compensation, must be brought within 3 years of the breach of duty, causing the injury to occur. For example, say you’re injured in a car accident on 30 September 2017, caused by the fault of another. In such case, you must bring your motor accident injury claim on or before 30 September 2020. If you don’t do this, then your claim will be statute barred. In other words, you will lose your right to claim any compensation for your motor accident injury.
You Have 3 Years To Bring Your Personal Injury Claim in Queensland
The same thing will apply to a claim for work injury, a case of medical negligence, and any other personal injury claim arising in Queensland. This 3 year period in which to bring your claim is called the limitation period. Limitation periods are governed by the Limitation of Actions Act 1974. Although limitation periods are strictly applied, there is still an avenue for extending the limitation period in certain limited circumstances.
Grounds for extending a limitation period are set out in s.31 of the Limitation of Actions Act 1974. This provision will provide an extension of the limitation period where the injured party learns of a “material fact of a decisive character” in the final year of the 3 year limitation period, or following this. A material fact of a decisive character is a fact you were not previously aware of despite reasonable enquiry, and because of it, you suddenly become aware that you’ve a worthwhile personal injury claim to pursue.
No Win No Fee Personal Injury Lawyers Explain Grounds for Extending a Limitation Period
If you meet this criteria, then under s.31 of the Limitation of Actions Act 1974, you have grounds for extension of your limitation period. The Court can grant an extension of 12 months from the date you became aware of the material fact of a decisive character.
For example, Pete is a carpenter employed in Queensland. Unfortunately Pete suffers a back injury due to the negligence of his employer. Pete doesn’t bring a Common Law claim for damages for his injury within his 3 year limitation period. This is because Pete was still working as a carpenter, and apart from a day off now and again, his injury was not stopping him from undertaking his employment. But then, approximately 5 years after his work accident, his back injury starts to suddenly worsen. Because of this, Pete is forced to cease work altogether and is told by doctors that he cannot return to his work as a carpenter. As a result, Pete is losing significant income.
In Pete’s case, the full extent of his work injury and the loss and damage resulting from it, has only just become known. It’s a material fact he wasn’t previously aware of and one he can use as grounds to have his limitation period extended. Pete can ask the Court to grant him a 1 year extension from the date he became aware he had to cease work due to his injury. This date could be when he was told by doctors he needed to find alternate employment or he decided to cease work due to his injury.
A Material Fact of A Decisive Character – Knowledge of the Claimant During the Limitation Period is Important
However, if Pete had been told by a doctor, during his 3 year limitation period. that his injury would require him to move into less strenuous work in the future, then it is likely he would not be granted an extension of his limitation period. This is because he was aware, during the limitation period, that his injury was going to cause him difficulty undertaking his employment in the future. His cessation of work is then no longer a material fact of a decisive character of which he was not previously aware.
A material fact of a decisive character is not limited to knowledge about the extent of injury or the resulting loss and damage caused, as in the example above. Other material facts of a decisive character may be in relation to:
- Identifying the at-fault party outside the 3 year limitation period, where the information was not previously known despite reasonable enquiry;
- Becoming aware of the fact of negligence on the part of the at-fault party, when it was not previously known within the limitation period, despite reasonable enquiry; or
- Becoming aware the injury was caused by the negligent act, outside the limitation period, when this fact was not previously known despite reasonable enquiry.
Be Warned – Time Limits for Personal Injury Claims are Strictly Applied in Queensland
Even though there is an opportunity for extending a limitation period when missed, as discussed above, it would be remiss of us not to remind and warn that time limits for bringing a personal injury claim in Queensland are strictly applied. Obtaining an extension of a limitation period under s.31 of the Limitations of Actions Act 1974, is not a simple exercise. A court will scrutinize the knowledge of the claimant during the limitation period, as well as the steps the claimant took investigating whether a worthwhile personal injury claim existed during that period.
A good example of a case where a grant of extension of the limitation period was made by the Supreme Court at Brisbane, is one that was run by the Principal of No Win No Fee Personal Injury Lawyers. This is the case of Brown v Marine Contracting Pty Ltd & Ors (2012) QSC 228,
Brown v Marine Contracting Pty Ltd
Mr Brown sustained injury hitting his head on a low hanging beam whilst working on a barge. After the head injury, Mr Brown began experiencing difficulties with anger management, balance, decision making, headaches and memory dysfunction. After seeing his doctor, and undergoing testing, 18 months after his work injury, a pituitary tumor was identified and surgically removed. Mr Brown queried with his doctors whether the tumor was related to his work injury, but was advised that this was not the case.
After surgery, Mr Brown complained to his doctors that his difficulties with memory, balance, decision making, headaches and change of personality were continuing. Mr Brown’s doctors advised him that his ongoing symptoms, were unlikely to be related to the tumor or its surgical removal, as Mr Brown had previously thought. After undergoing neurological examination and testing, Mr Brown was eventually advised that it was likely his ongoing symptoms were the result of his head injury at work, some 4 years earlier.
An application was made to the Supreme Court at Brisbane for an Order extending Mr Brown’s limitation period. This would permit him to bring his personal injury claim against his employer and owner of the barge where he sustained his head injury outside his limitation period. In applying for the extension, Mr Brown relied on the ground that he had only just discovered his ongoing symptoms were caused by the head injury at work, some 4 years after his work injury.
The Court accepted Mr Brown’s application and granted Mr Brown an extension of his limitation period. The Court extended the time for bringing his personal injury claim by 12 months from the date his solicitors received a medical report from a Neurosurgeon confirming his ongoing symptoms were due to the head injury he sustained at work.
No Win No Fee PI Lawyers Can Advise Whether You Can Extend Your Limitation Period & Bring Your Personal Injury Claim
If you’ve sustained an injury because of a car accident, incident at work, medical negligence or in some other manner, and believe you no longer have a case because you’ve missed the time period for bringing your claim, you need to contact us as soon as possible. It may be the case that you’ve grounds upon which to extend your limitation period and bring your personal injury claim.
You can contact No Win No Fee Personal Injury Lawyers via phone, email, Livechat or by submitting an enquiry or Request form on our website. We are available to you 24 hours a day, 7 days a week. All enquiries are without any charge whatsoever and are fully confidential and without any obligation.
No Win No Fee Personal Injury Lawyers are Queensland Personal Injury Law experts, with offices in Brisbane and Surfers Paradise on the Gold Coast. We can successfully run your personal injury claim for you using email, phone and post, making the process as stress-free and convenient for you as possible. However, if you would like to visit us to discuss your case, then we are more than happy to organise appointments at our offices in Brisbane City and Surfers Paradise, or visited offices throughout Queensland, for you.
But DON’T DELAY. If you do have a right to extend your limitation period, then time is of the essence in identifying this and taking the necessary steps to protect your claim.