Extending limitation period for starting litigation – are you out of time??

Often in the interests of justice, there are rules, and then there are exceptions.

 

As with most law, this is one of those areas.

 

If you think you have a claim or action, but are out of time,  let’s discuss! Call me today.

 

Legislation in Queensland and other states sets out certain period of times within which proceedings must be commenced for various causes of action.

 

In Qld, the Limitations of Actions Act (Qld) 1974 is that Act. 

 

If actions are not commenced within the period stipulated, a defendant can use the provisions of that Act to provide a complete defence to such a later claim.

 

Time is of the essence!

 

Act now, or lose your chance, or risk failing in your proceeding.

 

Call me today for advice without delay to make sure you don’t lose any rights you might have.

 

For suits based on a breach of contract or negligence, the action needs to be started within 6 years of the time within which the cause of action arose.

 

There are different periods for different types of action such as there being only 3 years to start an action based on a personal injury. In fact there are many different limitation periods that can range from 1 year or less or up to 12 years.

 

Now that’s what’s tricky. Don’t make assumptions here, or it could go badly wrong. You need legal advice. The devil as they say is in the detail.

 

The reasoning behind having such limitation periods is that at some period of time, a person must know that they don’t have these issues hanging over their heads for the rest of their life.

 

In some very limited cases, the limitation period may be extended where the person was under a disability during the relevant time. 

 

In the case of an injury, where a material fact of a ‘decisive character’ was not within the means of knowledge of the applicant until a date after the commencement of the year last preceding the expiration of the period of limitation for the action, you may be lucky.

 

What is important is that you do not delay obtaining advice about when any relevant limitation period may stop you bringing a court action. If you delay, you could lose any rights you have. It is very important because of the very limited circumstances in which extensions can be obtained, not to think that you may be entitled to an extension.

 

Call me today. Your claim may depend on it.