{"id":6759,"date":"2017-10-01T17:35:58","date_gmt":"2017-10-01T07:35:58","guid":{"rendered":"http:\/\/nowinnofeepersonalinjurylawyers.com.au\/?p=6759"},"modified":"2017-10-02T03:38:56","modified_gmt":"2017-10-01T17:38:56","slug":"personal-injury-claim-time-limits","status":"publish","type":"post","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/10\/01\/personal-injury-claim-time-limits\/","title":{"rendered":"Can I Bring My Personal Injury Claim When It’s Out of Time"},"content":{"rendered":"
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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.<\/p><\/div>\n

In Queensland, a Civil action involving a claim for personal injury damages <\/a>or compensation<\/a>, must be brought within 3 years<\/span> of the breach of duty, causing the injury to occur.\u00a0 For example, say you’re injured in a car accident on 30 September 2017, caused by the fault of another.\u00a0 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<\/a>.<\/p>\n

You Have 3 Years To Bring Your Personal Injury Claim in Queensland<\/span><\/h2>\n

The same thing will apply to a claim for work injury<\/a>, a case of medical negligence<\/a>, and any other personal injury claim <\/a>arising in Queensland.\u00a0 This 3 year period in which to bring your claim is called the limitation period. Limitation periods are governed by the\u00a0Limitation of Actions Act 1974<\/a>.<\/em>\u00a0 <\/i>Although limitation periods are strictly applied, there is still an avenue for extending the limitation period in certain limited circumstances.<\/p>\n

Grounds for extending a limitation period are set out in s.31 of the\u00a0\u00a0Limitation of Actions Act 1974.<\/em><\/a>\u00a0This provision will provide an extension of the limitation period where the injured party learns of a \u201cmaterial fact of a decisive character\u201d<\/span> 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.<\/p>\n

No Win No Fee Personal Injury Lawyers Explain Grounds for Extending a Limitation Period\u00a0<\/span><\/h2>\n

If you meet this criteria, then under s.31 of the\u00a0Limitation of Actions Act 1974, <\/em>you have grounds for extension of\u00a0 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.<\/p>\n

For example, Pete is a carpenter employed in Queensland.\u00a0 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.<\/p>\n

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.<\/p>\n

A Material Fact of A Decisive Character – Knowledge of the Claimant During the Limitation Period is Important<\/span><\/h2>\n

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.<\/p>\n

A material fact of a decisive character is not limited to knowledge about the extent of\u00a0 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:<\/p>\n