Compensation can come from a variety of reasons and accidents. While it is best practice to apply or begin the compensation claims process due to injury, there are a few timelines that you need to be aware of. That means that if you do not start enquiries or proceedings within these time limits it could become difficult to assess and it may result in your claim being rejected or the compensation amount being less than anticipated.
When to Formally Report a Claim
You should make all efforts to formally make notice of your intent to seek compensation as soon as reasonably possible. This is often after a visit from a doctor, and they have informed you that the condition you are suffering has likely been caused by the accident you had reported.
In order to be valid, a workers compensation claim must be made by the claimant within three (3) years of the date of the accident or injury being suffered. There are some cases where it can be difficult to ascertain when an injury was suffered as some injuries occur over a period of time. Most of the time, in these circumstances, the three year period starts from when you first see a doctor about the injury.
Motor Vehicle Accident Claims
Personal Injury – for personal injuries caused in a road or car accident, a Notice of Claim needs to be served to the CTP insurer of the at-fault driver within 30 days (1 month) of your first consultation with a lawyer, or within nine (9) months after the accident (whichever occurs first).
Property Damage – for property damage caused by a motor vehicle accident you have six (6) years to make a claim. However, you should seek legal advice and get the claim process started as soon as possible for the best outcome.
Public Liability Claims
All legal proceedings for public liability claims need to be started within a three-year period. As a general rule, a Notice of Claim is required to be delivered to the owner or controller of a public place within 1 month of first consulting a lawyer to act on your behalf. In special circumstances this time frame can be extended, but only when you have a reasonable excuse. If you try to make a claim outside of this timeframe the compensation awarded may be reduced, therefore it is ideal to begin making arrangements for a claim as soon as possible.
To find out more about time limits for different kinds of compensation claims, get in touch with a compensation lawyer today.