Wotton + Kearney publishes guide to personal injury claims

Wotton + Kearney publishes guide to personal injury claims | Insurance Business Australia

Wotton + Kearney publishes guide to personal injury claims

Award-winning insurance law firm Wotton + Kearney (W + K) has published a report delving into different procedural rules, limitation periods, damage assessments, and recent cases of personal injury claims in each state in Australia.

The guide, “State of the Nation 2022 – a guide to personal injury claims in Australia,” analyses bills that make each state unique when it comes to personal injury, including Civil Law (Wrongs) Act 2002 (ACT) in the Australian Capital Territory, Civil Liability Act 2002 (among others) in New South Wales (NSW), the Wrongs Act 1958 in Victoria, the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) in Queensland, or the Civil Liability Act 2002 (WA), and the Workers Compensation & Injury Management Act 1981 in Western Australia.

The guide also compares key damages and proportionate liability criteria, including applicable legislation and procedural rules, limitation periods, thresholds, and assessment methods by each Australian state. It also shows a breakdown of recent cases, including details on the plaintiff, injury causes, and awarded damage amounts.

In the Australian Capital Territory, W + K partner Catherine Power and special counsel Cindy Lim reminded readers that personal injury claims are not maintainable if commenced more than three years after the day the claimant was injured or after they know they have suffered an injury related to someone else's act or omission.

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However, the exceptions include the following:

  • There is no limitation period if the cause of action substantially arises from sexual abuse to which the claimant was subjected when they were a child;
  • Compensation to relatives' claims must be brought within six years following the relevant wrongful act or three years immediately following the day of death of the person injured in the act; and
  • The limitation period regarding claims arising from motor vehicle accidents turns on the scheme in place at the time of the accident.

In NSW, W + K partner Lesley Woodmore and senior associate Chad Farah explained that the timeframe for commencing court proceedings by way of a statement of claim is regulated predominantly by the Limitation Act 1969 (NSW) (Limitation Act). Where the injury or death occurs on or after December 6, 2002, the limitation period is usually three years from when the cause of action is “discoverable” by the claimant. Meanwhile, actions arising from death or personal injury due to child abuse or dust inhalation have no limitation period.

You may see the rest of the guide on the W +K website.