Missed Deadlines Could Mean Missed Compensation
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by Sarah Carlisle
Important Time Limits
There are many important time limits involved in claims for personal injuries.
You might already know that if you are injured in an accident in Queensland, you generally have 3 years from the date of the accident to bring your claim pursuant to the Limitation of Actions Act 1974.
But if you think that means you can wait until the 3 years is nearly up to commence the claims process; think again.
Long before the 3 year time limit is up, there are a number of other steps which need to be taken to keep your claim progressing.
These steps can include:
- Serving an initial claim form on the party at fault;
- Undertaking immediate enquiries to attempt to ascertain the registration details of the vehicle that hit if you are in a car accident and you did not obtain the vehicle’s registration details;
- Providing documents and information to the other party when requested throughout the claim process;
- Participating in a formal settlement conference with the other party to try and resolve your claim before court proceedings are instituted; and
- Exchanging written offers of settlement.
All of these steps are compulsory under the laws which govern personal injury claims in Queensland.[1]
What happens if you don’t complete these steps within the time limits?
The District Court recently considered an application by an injured person who failed to complete a number of the steps required under the Motor Accident Insurance Act 1994 (the legislation which governs claims for personal injuries arising out of car accidents in Queensland). [2]
The injured person instructed a lawyer and served the initial claim form within 2 months of his car accident. After that he was out of contact with his lawyer for approximately 2 years.
As a result of both the injured person and his lawyer neglecting to undertake important steps in the claim process he was then required to seek permission from the court to proceed with his claim.
The court refused to allow the injured person to proceed with his claim and he is now barred from pursuing any compensation for his injuries.
How do you know if your claim is progressing as it should be?
If you’ve got a claim for personal injuries on foot and you’re not sure of the next procedural step in your claim or when it needs to be completed, you need to find out what your obligations are and when you need to take action.
If you miss an important step in the claim process, it could mean missing out on compensation all together.
[1] See the Personal Injuries Proceedings Act 2002, Motor Accident Insurance Act 1994 and Workers’ Compensation and Rehabilitation Act 2003.
[2] Jonathon v Mangera & Anor [2015] QDC 195
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