One of the most important parts of a personal injury claim in Queensland is timing. There are strict time limits, and if you wait too long, you might lose the right to make a claim.
The sooner you get started, the better your chances of getting things sorted properly.
In most personal injury cases, you have 3 years from the date of your injury to start legal action.
This is called the “limitation period.” If you try to start a claim after that time, you could be blocked—no matter how serious your injury is.
For some types of claims (like public liability or car accidents), you also need to give something called a Notice of Claim within a much shorter time frame:
Within 9 months of the injury occurring, or
Within 1 month of speaking to a lawyer—whichever comes first
This is a formal notice sent to the other party (or their insurer), letting them know you’re planning to make a claim. Missing this step can cause delays or problems later on.
If your injury happened at work, there are separate rules under the Workers’ Compensation system:
You usually need to report the injury as soon as possible
A claim to WorkCover should be lodged within 6 months from the date of injury or diagnosis
If you want to take things further with a common law claim (because of employer negligence), you’ll still need to stay within the general 3-year time limit.
In some situations, yes—but it’s not guaranteed. A court might allow a late claim if:
You were under 18 at the time of the injury
You didn’t realise how serious your injury was until later
There were other valid reasons for the delay
But don’t rely on getting an extension. It’s always safer to act early.
If you go past the cut-off dates, your case might not be allowed to proceed. Even if your injury is serious, you could be locked out of compensation.
That’s why it’s so important to get advice early, even if you’re not sure you’ll go ahead with a claim.
Now that you know the time limits, the next thing to understand is what kind of compensation you might be entitled to.
Go to the next page: What Can I Be Compensated For?