Time Limits for Public Liability Claims
Accidents can happen at any time and in any place. Sometimes these accidents happen in a place where you should have felt safe. In those situations, the owner of the property where the incident occurred can be held liable for negligence or failure to take reasonable care.
A public liability claim works to achieve a settlement to compensate you for the damages you have suffered. If you intend to make a claim, you need to act quickly because there are strict time limits.
What Are the Time Limits?
In Queensland, the time limit for making a public liability claim is three years. This is all necessary legal steps to start the claim must be taken within three years of the incident occurring, falling which the claim may become statute, barred and cease to exist forever.
This shouldn’t be an issue for most people making a public liability claim, as most claims start soon after the incident and will be settled quickly and directly between the victim and the insurer of the responsible party. More complex cases where the parties have disagreements or where extensive investigation is required will take longer and may have to be brought into a courtroom. It is these situations where you need to be mindful about the strict three-year time limit.
The court may grant a time extension in rare circumstances if a material fact of a decisive character is revealed to the victim after the three year time limit is over. This extension will only apply for a year from the date the fact is revealed to the victim. These cases are usually very complicated and hard to prove in court. You should always aim to act within the time limit where possible rather than relying on special circumstances.
If you think you’re in a position to make a public liability claim, you should act on it as soon as possible. Although you have three years to start legal action to keep your case alive, it’s hard to predict how complicated the process might become. If your case relies on eye-witnesses then it’s vital to act straight away while the witness remembers what happened.
To make a compensation claim, you need to find an experienced compensation lawyer in your area and walk them through the details of the incident and the damages that resulted from it. They will take time to thoroughly examine the details relating to the situation to evaluate whether someone is liable and whether you have a strong case against them.
They will then have to gather evidence such as medical records, photos and witness reports to build your case before meeting with them or their insurer to reach a settlement. The process may take a lot more time than you originally anticipated and will be even longer if court action is required.
If you need an experienced compensation lawyer on the Gold Coast, get in touch with the team at Dwyer Law Group on 07 5538 2766 or contact us online .