When you’ve been injured due to someone else’s negligence, seeking compensation can help you recover lost income, pay for medical treatment, and secure financial support for the future. However, one of the most critical factors affecting your entitlement to damages in New South Wales is time.
Strict statutory time limits apply to all personal injury claims in NSW. Missing a deadline can mean forfeiting your right to compensation—regardless of the strength of your case. At Law Advice, we routinely assist clients in navigating the complex landscape of limitation periods, extensions, and exceptions under NSW law.
Why Time Limits Matter With Your Claim
Personal injury claims are subject to limitation periods, which set the maximum time after an event within which legal proceedings must be initiated. These limits exist to ensure fairness, preserve evidence, and encourage timely resolution of disputes.
In NSW, the primary legislation governing time limits is the Limitation Act 1969 (NSW), as well as relevant statutes such as the Civil Liability Act 2002 (NSW) and the Motor Accident Injuries Act 2017 (NSW).
General Time Limits for Personal Injury Claims in NSW
Public liability or general negligence: 3 years from the date of discoverable injury.
Motor vehicle accidents: 3 months (to notify), 3 years (to commence)
Workers’ compensation (NSW scheme): 6 months (injury notice), up to 3 years to claim
Medical negligence: 3 years from discoverable date:
Dust diseases (e.g., asbestos): No strict limitation under the DDCA
⚖️ Important: “Discoverable date” means when the injured person first knew or ought to have known that they were injured, and that the injury was caused by another party’s fault.
Specific Claims and Deadlines
Motor Vehicle Accidents
Under the Motor Accident Injuries Act 2017 (NSW):
- You must notify the insurer within 28 days to be eligible for early benefits.
- You must lodge your personal injury benefits claim within 3 months of the accident.
- You have 3 years to bring a court claim for common law damages, but only if your injuries are assessed as non-threshold and you are not at fault.
Public Liability & Medical Negligence
These claims fall under general negligence and are governed by the Civil Liability Act 2002 (NSW). You must file your claim within three years from the date the injury was discovered.
Workers’ Compensation
Under the Workers Compensation Act 1987 (NSW), injured workers must:
- Notify their employer as soon as practicable (ideally within 30 days).
- Lodge a workers’ compensation claim within 6 months from the date of injury, though extensions of up to 3 years may apply in certain circumstances.
- File for lump sum compensation within 2 years of receiving a whole person impairment assessment.
Are Extensions Available?
Yes, but they are granted only in limited situations. Courts may allow an extension if:
- The injury or cause of injury was not immediately apparent (the injury was “not discoverable”).
- The person was under a legal incapacity (e.g., mental illness or minor).
- It would be unjust to deny the claim and the delay was reasonable.
However, extensions are not guaranteed. The longer the delay, the more difficult it becomes to justify.
What Happens If You Miss the Deadline?
If the time limit has expired and no extension is granted, your claim may be permanently barred—even if the injury is severe and the other party was clearly at fault. This is why seeking legal advice promptly after an injury is vital.
Need Legal Help? We’re Here For You
At LawAdvice.com.au, our experienced personal injury lawyers help clients understand their rights and timeframes across a wide range of claim types. If you’ve been injured, we can:
- Assess whether you’re still within time to claim
- Apply for extensions where appropriate
- Lodge your claim and negotiate on your behalf
- Guide you through court proceedings if needed
Contact us today for a free consultation. We work on a no win, no fee basis and proudly assist clients across Sydney, Newcastle, Wollongong, and all of NSW.