The short answer
Australian personal injury time limits depend on which state the injury happened in, and what type of claim it is.
For most personal injury claims by adults, the long-stop limitation is three years from the date of injury (or from when you became aware of it). But many compensation schemes, especially motor accident and workers’ compensation, require you to notify the relevant insurer or authority much sooner than that, sometimes within days.
If you’ve been injured, treat the time limits as urgent until a lawyer confirms otherwise.
The general limitation period
| State | General personal injury limitation period |
|---|---|
| NSW | 3 years from injury (Limitation Act 1969) |
| VIC | 3 years from injury (Limitation of Actions Act 1958) |
| QLD | 3 years from injury (Limitation of Actions Act 1974) |
| WA | 3 years from injury (Limitation Act 2005) |
| SA | 3 years from injury (Limitation of Actions Act 1936) |
| TAS | 3 years from injury (Limitation Act 1974) |
| ACT | 3 years from injury (Limitations Act 1985) |
| NT | 3 years from injury (Limitation Act 1981) |
These limits relate to commencing court proceedings. They are not the same as the time limit for notifying an insurer.
Scheme-specific notification windows
For most plaintiff matters, the more pressing deadline is the scheme-specific notification rather than the limitation period:
- Motor accidents (CTP). Most states require notification within 28 days of the accident to preserve full benefits. Late notification may still be possible with reasons but causes complications.
- Workers’ compensation. Notify your employer “as soon as practicable”, usually within days. Failure to notify can affect weekly payments and treatment expenses.
- Public liability. No fixed notification window, but the longer you wait, the harder evidence becomes to gather.
Children and people under disability
For children, the limitation period generally only starts running once they turn 18. For people under a legal disability (cognitive incapacity, for example), time may not run at all.
This is one of the few categories where waiting does not necessarily forfeit the claim.
Extensions of time
Courts can grant extensions of time in some circumstances, but the process is not straightforward and you can expect it to be opposed. The clearest path is to act inside the limitation period.
What to do if you’re not sure
If you’ve been injured and aren’t sure whether you’re still in time, call us. A short conversation will tell you whether you have a claim worth pursuing and what the deadline looks like.
See also: What is a TPD claim? · What does ‘no win, no fee’ actually mean?