Common Legal Questions

shawn question

Regrettably the Government of New South Wales enacted some time ago regulations which prevent lawyers from advertising certain services. A proper and detailed response to your enquiry could be construed as advertising and contravene those regulations. However, doing the best that I can I can advise that there is three years from the date of the alleged negligent act and the suffering of the loss in which to bring proceedings. However there is scope for the extending of time. The legislation provides that the three limitation period is defined as a “three-year post discoverability limitation period”. That is three years which commences to run and includes the date on which the cause of action is discoverable by the person. There is also provision for a “12 year long stop limitation period” which similarly commences to run from the time of the relevant act. The date relevant matters are discoverable is also defined in the legislation. It includes not only the date that the subject matter occurred but also the date on which the person determined that the events were caused by the fault of the proposed defendant. Often it can be the case, particularly in these types of matters, where the fault of the proposed defendant is not initially readily ascertainable. On occasion many years can pass and it is only after difficulties arise and further enquiries are made that a person can determine these matters. The provisions of the Limitations Act would in those circumstances permit an application be brought to extend time, if necessary, to bring proceedings. As with all limitation issues persons are encouraged to act with haste as soon as they determine that there may be a cause of action available.

Medical Negligence claims can be the most difficult and complicated of all personal injury claims as such you should discuss with a lawyer as soon as possible.

Brydens Lawyers have offices in Liverpool and Sydney. Contact us today.

  • Contact us today.

  • By submitting this form I agree to Brydens Lawyers Terms & Conditions