Time limit laws for personal injury claims

Personal injury claims are subject to strict time limits which are set down by statute law. If you have an accident, you only have a certain amount of time to pursue a claim before the claim will be time-barred. If your claim is time-barred, it means you will not be able to recover any compensation regardless of your injuries or who’s at fault.

The time limit for pursuing personal injury claims is 3 years from the date of your accident, or 3 years from the date you realised your injuries were the result of a certain extent.

The latter is applicable particularly in cases involving asbestos-related illness. For example, if you worked in an environment using asbestos in the 1960s, you probably didn’t realise at the time that it could be causing you harm. However, in March 2010, for example, you might start to suffer from breathing problems and be diagnosed with mesothelioma as a result of working with asbestos. This would mean that you have until March 2013 – 3 years from the diagnosis – to pursue your claim.

Q. What happens if my claim doesn’t settle before the 3 year time limit?

A. Court proceedings have to be issued to prevent your claim being time-barred.

Q. Does the 3 year time limit apply to all injury claims?

A. No, if you have been a victim of a violent crime and you wish to make a claim through the criminal Injuries Compensation Authority (CICA) the time limit is 2 years. The 2 year time limit also applied to injuries sustained as a result of accidents on a boat, ship or aeroplane.

Call us at one of our offices to discuss your situation and we can help you go through your options.