What are the time limits involved in making a compensation claim?

In NSW, strict time limits govern when people can make a compensation claim for personal injury. That’s why it is critically important to contact a lawyer as soon as possible after an injury so you can be advised in detail about these limitations, as well as your rights and entitlements.

28 days to report motor vehicle accident to police

If you’ve been involved in a motor vehicle accident you should report the incident as soon as possible. This is because if you need to lodge a claim for compensation the accident must have been reported within 28 days (unless there were exceptional circumstances involved).

6 months to lodge motor vehicle accident personal injury claim form

To make a compensation claim for injuries you have suffered in a motor vehicle accident you need to lodge a personal injury claim form to the CTP insurer of the vehicle that caused the accident.

The personal injury claim should be lodged with the CTP insurer no later than 6 months after the accident. Your claim could be affected if you miss this deadline.

3 years to claim once injury “discoverable” or 12 years long stop – whichever expires first

More generally the time limit for bringing a personal injury claim is the first to expire of the following:

  • 3 years from the date when the cause of action was discoverable, or
  • 12 years from the time when the act or omission causing injury or death occurred.

Note that there is a limited scope to extend the 12 year time limit can be extended by a court (see ss 50C, 62A and 62B of the Limitation Act 1969).

Talk to a senior lawyer

When it comes to seeking compensation for personal injury, it’s important to speak to a senior lawyer as soon as you can to give your claim the best chance for success.

At NSW Compensation Lawyers, our lawyers have the knowledge and expertise to help our clients rebuild their lives when unfortunate accidents happen wherever they may occur.

So if you’re ever hurt in a car accident, at work, or from a fall in a public place you can be assured that we will be here to help you get the compensation you deserve.

See how we can help you

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