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How does WorkCover determine if I'm a PAYG employee or contractor?
December 12, 2024
Understand how WorkCover determines PAYG employee vs. contractor status in Queensland. Learn about key factors, legal implications, and your workers' compensation rights.
I've Been in an Uber Accident – Now What? Your Guide to Compensation
December 6, 2024
Injured in an Uber accident? Learn your compensation rights, from medical expenses to economic loss. Get expert advice to navigate claims and maximise payouts.
Recover from whiplash following a car accident
December 4, 2024
Learn how to recover from whiplash following a car accident with effective treatment, self-care tips, and legal guidance to secure compensation for your injuries.
The Ins and Outs of TPD Claims
October 3, 2024
When someone’s life dramatically changes from a severe injury or illness, Total and Permanent Disability (TPD) claims can offer critical financial support during a difficult period.
If I pursue a CTP claim against the at-fault driver, will it affect them financially?
September 25, 2024
Before considering the financial implications for at-fault drivers, it's crucial to understand what CTP insurance is and how it operates.
Limitation Dates - What are they and why are they important?
September 3, 2024
When pursuing a personal injury compensation claim , it is crucial to lodge it within strict time limits or limitation periods. Otherwise, it might be challenging to commence legal action or you might lose your right to make a claim altogether, even if you have a strong case. Although there are exceptions and extensions to the time limit, the conditions may be difficult to meet. It is therefore crucial to consult an experienced personal injury lawyer such as ours to avoid complications. If you have been injured on the road, at work, or in a public place, don’t hesitate to consult with one of our team to start your claim. In this article, we will help you understand what limitation periods are and why they are important. Additionally, we will identify the key limitation dates you must know, and what it means to be "statute barred”. Limitation Periods: Nature and Importance In Queensland, a limitation period (or time limit) is the legal deadline by which you must start your legal action. These limits ensure that legal claims are made and resolved promptly. In addition, these maintain fairness by preserving evidence and providing clarity for both the claimants and defendants. If you don't file your claim within this timeframe, you generally lose the right to pursue it, even with a valid case. Here’s an overview of limitation periods in Queensland: Standard Time Limits: Personal Injury Claims : Three (3) years from the date of the injury or from when you become aware of the injury and its cause. When the Period Starts : The limitation period typically begins when the legal issue arises or when you first become aware of the facts related to your claim. Limitation Period for Personal Injury Claims The primary limitation date in Queensland is the three-year rule for personal injury claims, set out in section 11(1) of the Limitation of Actions Act 1974 . In practice, this means that if you have been injured due to someone else's negligence, you have three years from the date of your accident or injury to file court proceedings. However, there can be some complexities around this, such as when dealing with latent diseases or injuries that are not immediately apparent. In those cases, the limitation period may start from when you first became aware of the injury or its cause. If you fail to do so within this three-year window, your claim will be statute barred. Bear in mind that it is the filing of the court proceedings that matters, not the actual hearing of the case. As long as you have filed your claim in court before the three years is up, you will have met the limitation requirement, even if the case takes longer than that to make its way through the court system. Being Statute Barred If you fail to file your personal injury claim within the three-year limitation period, your claim will be considered statute barred. That is, the law imposes a complete defence to your claim - the person you are suing can argue that your claim is time-barred and have it dismissed by the court. Being statute barred is a very serious matter. It means you lose your legal right to pursue compensation, even if you have a strong case on the merits. The court has very limited discretion to extend the limitation period, so it is not something that can be easily overcome. The only way to avoid being statute barred is to ensure you file your claim in court before the third anniversary of your accident or injury. For this reason, it is vital to seek legal advice immediately after being injured. An experienced personal injury lawyer such as ours will be able to assess your prospects, gather the necessary evidence, and get your claim filed in time. Other Important Time Limits While the three-year limit is the main date to keep in mind, other important deadlines also apply to personal injury claims in Queensland. Pre-court procedures under PIPA and MAIA Before you can file a court claim for personal injuries, you must comply with the pre-court procedures set out in Personal Injuries Proceedings Act 2002 (PIPA) and Motor Accident Insurance Act 1994 (MAIA) (depending on whether your injury was due to a motor vehicle accident or not). This involves giving a formal notice of claim to the person you intend to take legal action against and their insurer, and participating in a compulsory conference to try to resolve the matter without going to court. You must adhere to strict time limits for notifying the respondent of your claim within: Nine (9) months of the incident that caused your injury; OR One (1) month of first consulting a lawyer about the claim. Whichever of these two dates comes first is the deadline you must meet. If you miss this deadline, you will need to provide a reasonable excuse for the delay. The court has discretion to strike out your claim if it finds your excuse is not reasonable. Dust-related conditions For personal injuries caused by dust-related conditions like silicosis or asbestosis, there is no limitation period at all under the Limitation of Actions Act 1974. This means you can bring a claim at any time, no matter how long ago you were exposed to the harmful dust. However, you still need to follow the pre-court procedures under PIPA. Child claimants If the injured person is a child under 18 years old, the three-year limitation period does not start running until they turn 18. Under PIPA, on behalf of the child, their parent or guardian must submit the notice of claim. Fraud and concealment If the defendant has committed fraud or deliberately hidden information, the standard three-year limitation period may be extended. Instead of starting from the date of the incident, the time limit begins when you discover the fraud or when you could have discovered it with reasonable effort. Court Extensions In some cases, the court can extend the limitation period if there are valid reasons for the delay, such as the discovery of new evidence or other exceptional circumstances. Conclusion Limitation dates are a critical part of personal injury law in Queensland. Failing to lodge your claim within the three-year time limit puts you at risk of being statute barred, and losing your legal right to compensation. While limitation dates can seem harsh, they serve an important purpose. They provide certainty and finality for defendants, and encourage claimants to bring their claims on time while evidence is still fresh. If you have been injured due to someone else's negligence, don't delay seeking legal advice. Consult one of our experienced personal injury lawyers today. We will help you navigate the complexities of personal injury law and give your claim the best chance of success. Get a free claim check today!
What to Do Once Your Workers' Compensation Claim Ends in Queensland
August 22, 2024
If your workers' compensation claim has been closed, it's crucial to understand the reasoning behind this decision. Contact us today.
My Employer Was Negligent - What Can I Do About It?
August 15, 2024
If you’ve been injured at work as a result of the negligence of your employer, it’s essential to act quickly and get the right support.
What Happens if a Traveller from Overseas is Injured in a Car Accident in Queensland?
July 19, 2024
If you are a foreigner who got injured in a motor vehicle accident in Queensland, you may be eligible to claim compensation under the Compulsory Third Party insurance scheme.
If I Lodge a WorkCover Claim, Will It Actually Affect My Employer at All?
July 16, 2024
If you sustain an injury or develop an illness related to your work, you may be eligible for a workers’ compensation claim.
Can I Make a Claim for My Child if They Were Involved in a Car Accident?
June 23, 2024
When a child is injured in a car accident in Queensland, parents can claim compensation under the Motor Accident Insurance Act 1994. Learn about eligibility and claims.
I Have Left My Former Employer - Can I Still Lodge a WorkCover Claim?
June 21, 2024
Left your job? You can still lodge a WorkCover claim for work-related injuries or illnesses. Learn about your rights and how to navigate the claim process.
I Was Injured as a Pedestrian, Can I Claim Compensation?
June 7, 2024
Injured in a pedestrian accident? Learn how to claim compensation, protect your legal rights, and navigate the complex process of establishing fault and securing damages.
The Advantages of Having a Dashcam in a Road Accident
May 9, 2024
Dashcams: Your road accident ally. Capture clear evidence for fair compensation. Lifestyle Injury Lawyers can help maximize your claim with dashcam footage. Contact us today for expert guidance.
What Can You Do to Maximise Your Compensation Claim?
May 3, 2024
Injured? Pursue compensation wisely. Seek prompt medical care. Collect details. Be honest in evaluations. Document expenses. Provide evidence to your lawyer. Avoid discussing the case. Contact us for expert guidance.
In this video, Channel 9 News interviews Lifestyle Injury Lawyers' Compensation Lawyer, Mitch Herlih
March 28, 2024
In this video, Channel 9 News interviews Lifestyle Injury Lawyers' Compensation Lawyer, Mitch Herlihy on how dashcams can be game-changers in proving liability in road accident claims.
Get expert legal advice on CTP claims in QLD. If you're in a car accident while visiting, understand
March 27, 2024
Get expert legal advice on CTP claims in QLD. If you're in a car accident while visiting, understand your rights under MAIA. Call now for help!
Why Should I Choose Lifestyle Injury Lawyers?
March 20, 2024
Lifestyle Injury Lawyers specialize in compensation claims, providing personalized service and a No Win-No Fee policy. Call for a free consultation.
Bitten by a Dog? What Claim Can You Make?
February 20, 2024
Dog Attack Legalities in Queensland: Know your rights as a victim. Explore the responsibilities of dog owners, possible claims for injuries, and potential criminal offenses. Consult Lifestyle Injury Lawyers for expert guidance and compensation options.
Is a Waiver Form Actually Worth the Paper it's Written On?
February 15, 2024
It’s a fact of modern life that many of the activities we undertake are covered by contracts and other types of agreements setting out the legal rights and responsibilities of each party.
I Was Injured on a Commercial Boat - What are My Rights?
December 14, 2023
Explore your rights if injured on a Queensland boat trip. Learn about liability laws, negligence, and compensation claims under QLD statutes. Contact our expert team for guidance.
Can My Employment be Terminated After Lodging a Workers’ Compensation Claim?
December 13, 2023
Know your rights under Queensland's Workers' Compensation Act. Explore how this law safeguards employees from dismissal upon filing claims, and learn about avenues for protection. Get expert guidance today.
November 21, 2023
Explore the impact of social media on privacy in our latest article. Learn how personal information is exposed and the legal implications in today's digital age at Lifestyle Injury Law
You’ve Injured Yourself at the Gym - Does the Owner Owe You a Duty of Care and Can You Claim?
November 13, 2023
While gyms are generally positive places visited by people keen to become the healthiest version of themselves possible, they also pose obvious dangers.
Why are Public Place Accident Claims so Difficult?
October 22, 2023
Understanding public liability claims in Queensland: duty of care, negligence, and the role of the Personal Injuries Proceedings Act 2002. Expert guidance available.
I Was Injured on a Construction Site - What Can I Claim?
October 19, 2023
Explore workers' compensation and public liability claims for construction site injuries in Queensland. Learn about eligibility, time limits, and complexities. Consult our compensation specialists today.
September 1, 2023
Discover the ins and outs of electric bicycle regulations and your rights if you've been injured while riding one. Explore the essential information you need at Lifestyle Injury Law's latest blog post. Stay informed and protect your interests!
August 10, 2023
If you believe you have a claim and are unsure of how to proceed, contact us today personal injury lawyers for an initial chat about your situation.
Historical Abuse Claims - the Difference Between the Redress Scheme and Common Law Damages
July 5, 2023
Understanding historical abuse claims: Redress scheme vs. common law damages. Our blog post explains the difference. Contact Lifestyle Injury Law for expert advice on your claim.
Theme Park Accidents - Can I Make a Claim?
July 3, 2023
Curious about theme park accidents and making a claim? Our blog provides insights and legal guidance. Contact Lifestyle Injury Lawyers for expert advice on your potential claim.
Compensation Lawyers Gold Coast
May 26, 2023
If you’re uncertain about your rights and entitlements after being injured on council property. Our specialty is compensation Call us today.
Personal Injury Claims Lawyers Gold Coast
By Lifestyle Injury Lawyers May 11, 2023
We are compensation specialists who help clients progress their claims every day, whether they were injured at work, on the road, or after falling in a public place.
By Lifestyle Injury Lawyers February 20, 2023
Bullying in Australian workplaces is a serious issue with serious consequences for the individuals involved as well as employers. If you wish to establish an employer’s vicarious liability for your injury get advice from compensation specialists.
By Lifestyle Injury Lawyers February 17, 2023
If you’re uncertain about the difference between a CTP claim and a property damage claim, or need more advice on how to make one of these claims, speak with one of our motor vehicle accident compensation specialists.
By Lifestyle Injury Lawyers January 5, 2023
In this blog, our lawyers share the key things a person should try to do if they have been injured in a public place. Call us today!
Personal Injury Claims Lawyers Gold Coast
By Lifestyle Injury Lawyers December 13, 2022
If you’ve been injured in an accident while riding your bicycle, we will help you gather the necessary evidence and assess the severity of your injury to support your claim.
By Lifestyle Injury Lawyers October 24, 2022
A compensation specialist with experience in how to respond to these issues is vital to a successful claim. Call Lifestyle Injury Lawyers today.
By Lifestyle Injury Lawyers October 21, 2022
Our compensation law team has years of experience in putting together dependency and other claims for clients who’ve been injured or lost a loved one in an accident. Call us today for more details.
By Lifestyle Injury Lawyers August 24, 2022
In this post, our law team explains how statutory and common law claims for work injuries differ. Call us today for more details.
By Lifestyle Injury Lawyers August 24, 2022
In this blog, our law team shared the rights. When you are injured while working on a construction site. Call us today for more details.
Been injured on my way to work, can I claim compensation?
By Lifestyle Injury Lawyers August 10, 2022
In this podcast, Senior Associate Mitchell Herlihy discusses the options available for people who were injured on their way to or from work and are seeking compensation.
car accident lawyer claims
By Lifestyle Injury Lawyers August 9, 2022
Compensation law in Australia is fairly complex. In this podcast, Senior Associate Mitchell Herlihy discusses the options available for people who were injured on their way to or from work and are seeking compensation.
By Lifestyle Injury Lawyers June 29, 2022
In the event a person loses their life in a work accident, it’s possible for members of their family to make a dependency claim.
By Lifestyle Injury Lawyers June 28, 2022
Our expert legal team offers comprehensive guidance on navigating the complexities of social media in personal injury claims.
By Lifestyle Injury Lawyers May 9, 2022
Discover why you need a lawyer for a TPD claim! Learn how expert legal help can maximize your compensation and simplify your claim process at Lifestyle Injury Lawyers!
By Lifestyle Injury Lawyers May 4, 2022
If you have been injured due to an uneven footpath or pothole that your local council had knowledge of and failed to fix, you may be eligible for compensation. Call us today!
By Lifestyle Injury Lawyers March 31, 2022
In this blog, Our experienced team provides expert guidance on how to protect your rights and seek compensation in the face of a challenging situation.
By Lifestyle Injury Lawyers February 18, 2022
Find out what to do if you were involved in a bicycle accident and hit by a car at Lifestyle Injury Law. Our Injury Lawyers can help you with understanding your rights in terms of making a claim.
By Lifestyle Injury Lawyers February 15, 2022
At Lifestyle Injury Lawyers, we are experts in CTP insurance claims. We can help you gather the vital, necessary evidence and information around the accident.
By Lifestyle Injury Lawyers January 19, 2022
If you believe you have a journey claim after an accident on the way to or from work, contact us today.
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