In Queensland the general rule is that a claim for personal injury must be validly lodged or protected within three (3) years from the date that an injury is suffered.
This limitation period applies to actions for damages for negligence, trespass, nuisance or breach of duty in which damages claimed by the injured person include damages for personal injury to any person or damages in respect of injury resulting from the death of any person.
A right of action relating to personal injury resulting from a dust-related condition is not subject to a limitation period under the Act. A “dust-related condition” refers to diseases such as asbestosis, asbestos related pleural diseases, mesothelioma, silicosis and any other pathological condition of the lung, pleura or peritoneum that is attributable to dust. It is important to be mindful that personal injury resulting from a dust-related condition does not include personal injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke.
In an injured person was “disabled” on the date they were injured, then their action may be brought at any time before the expiration of three (3) years from the date on which that person ceased to be under a disability or died, whichever event first occurred, even though the general three-year period of limitation has expired.
For the purposes of the Act, a person is considered “disabled” if they are a child under the age of 18 years or are of unsound mind.
The limitation periods that apply to claims for personal injury are often strictly enforced. This means that if you pursue a claim outside the period of limitation your claim is likely to be barred forever. It is important to seek advice early and protect any claim that you intend to pursue. Any delay could have a significant impact on your rights to claim compensation.
This article serves only as general advice. It has not been written to consider specific situations or circumstances. It is important that you obtain advice specific to your circumstances. If you require any advice in relation to limitation periods or compensation, please contact our office. Our number is 1300 848 424.
Date Posted: August 29, 2023