Public Liability Claim Time Limits in NSW: How Long Do You Have?

Public Liability Claim Time Limits in NSW: How Long Do You Have?

If you have been injured on public or private property in New South Wales, one of the most important things to understand is that strict deadlines apply to making a claim. Missing the public liability claim time limits in NSW can mean losing your right to compensation entirely, regardless of the merit of your case.

How long do I have to make a public liability claim?

In most cases, you have three years from the date of your accident or injury to commence legal proceedings for a public liability claim in NSW. This is the standard limitation period under the Limitation Act 1969 (NSW). If you are unsure if your injury is still within the claimable period, get in touch with Brydens Lawyers to find out if you are still within time.

When does the public liability limitation period in NSW start?

However, determining the three-year public liability claim deadline can sometimes be more complicated than it appears. The law allows for the three-year limitation period to commence from the time harm first accrues to the injured person. This means the clock starts running from the point at which a reasonable person would have become aware that:

• They had suffered an injury

• That injury was directly caused by the negligence of another person or party

• The identity of the person or party at fault could be established

• The injury was of sufficient severity to support a legal claim

Can I claim after 3 years?

It is relatively simple to determine when the cause of action first accrued in a slip-and-fall case. However, difficulties arise when dealing with latent injuries, those that take many years to present. This can be the case in a medical negligence claim when the negligence of the treating healthcare professional may not be known for many years.

In these situations, the three-year limitation period may not begin until you knew, or reasonably ought to have known, that you had sustained an injury attributable to another party's negligence. This is known as the discoverability rule, and it exists to protect injured persons who could not reasonably have been aware of their claim at the time of the original incident.

Submitting a claim outside the statute of limitations for public liability in NSW

The Limitation Act 1969 (NSW) also provides for a long-stop limitation period of up to 12 years, which can be extended by the court on the injured person's application. To successfully request an extension, the injured party would need to establish, to the court's satisfaction:

• The length of the delay and the reasons it occurred

• Whether the defendant has suffered prejudice as a result of the delay, for example, whether key evidence that would have been available within the original limitation period has since been lost

• The nature and extent of the injury sustained

• Whether any conduct on the part of the defendant contributed to the delay

• What steps, if any, did the injured person take to obtain appropriate legal and medical advice within a reasonable time

• Extensions are not granted automatically, and the outcome will depend on the specific circumstances of each case. This is precisely why obtaining legal advice as early as possible is so important.

Do not delay: Contact Brydens Lawyers today

Public liability claim time limits in NSW are strict, and missing a deadline can determine whether you have a case or not. Whether your injury occurred recently or some time ago, the most important step you can take right now is to seek expert legal advice.

At Brydens Lawyers, we have been helping injured Australians navigate their legal rights for over 50 years. We will assist you in gathering evidence and assess all claims on a No-Win, No-Fee* basis. That means you do not have to pay if we cannot successfully argue your claim. Call us today on 1800 848 848 for a free, no-obligation assessment of your claim. At Brydens Lawyers — #WEDO public liability claims. (*Conditions apply).