Time limits most commonly missed in relation to personal injury.
| Action | Time limit | Legislation | Extension availability |
|---|---|---|---|
|
Action
Damages for death or personal injury to a person (subject to exclusions contained in other statutory schemes). (Refer to LPLC Practice Risk Guide: Personal injury litigation) |
Time limit
The earlier of: 3 years from the date the cause of action is discoverable or 12 years from the date of the act or omission that resulted in the personal injury or death. |
Legislation
s.27D Limitation of Actions Act 1958 (Vic) |
Extension availability
On application the court can extend time if it is just and reasonable to do so – s.27K(2) Limitation of Actions Act 1958 (Vic) |
|
Action
Damages for death or personal injury to person where the person was under a disability (subject to exclusions contained in other statutory schemes) (Refer to LPLC Practice Risk Guide: Personal injury litigation) |
Time limit
The earlier of: 6 years from the date the cause of action is discoverable or 12 years from the date of the act or omission that resulted in the personal injury or death. |
Legislation
s.27E Limitation of Actions Act 1958 (Vic) |
Extension availability
On application the court can extend time if it is just and reasonable to do so – s.27K(2) Limitation of Actions Act 1958 (Vic) |
