If you’ve suffered an injury due to someone else’s negligence, whether in a car accident, public place, or workplace, it’s important to understand that strict time limits apply to making a personal injury claim in New South Wales.
In most personal injury cases, you have three years from the date of the injury (or from when you first became aware of the injury) to commence legal proceedings in court. However, different rules apply depending on the type of claim.
Motor Vehicle Accident Claims (CTP Scheme)
• You must report the accident to police within 28 days.
• You must lodge your claim with the insurer within three months, but ideally within 28 days to receive early benefits.
• If you’re planning to make a common law damages claim, you must lodge your claim within three years of the date of the accident.
Public Liability Claims (e.g., slips, trips, falls)
• These fall under the general three-year limitation period from the date of injury.
• It’s crucial to begin investigating and gathering evidence early, especially if you’re unsure who’s at fault.
Workplace Injury Claims
• If you’re injured at work, you should notify your employer as soon as possible—ideally within 30 days.
• Workers compensation claims should be lodged within 6 months after the injury or accident happened and additional claims for lump-sum compensation for permanent impairment can be time-limited as well.
• If you’re planning to make a work injury damages claim, you must lodge your claim within three years of the date of the accident.
Claims Involving Children
• If the injured person is under 18, the three-year time limit usually begins on their 18th birthday, meaning they generally have until they turn 21 to make a claim.
In some circumstances, the court may allow a claim to proceed outside the standard time limit, but this is not guaranteed and often depends on:
• The reason for the delay
• Whether the delay has prejudiced the other party
• The nature of the injury and available evidence
That’s why it’s critical to seek legal advice as early as possible.
At Tonkin Drysdale Partners, we understand how overwhelming it can be to navigate a personal injury claim while recovering from an injury. Our experienced personal injury team can assess your situation, explain your rights, and help ensure your claim is made within the required timeframes.
Contact us today for a confidential consultation and take the first step toward securing the compensation you deserve – (02) 4341 2355
