LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA Possible to Still Lodge Personal Injury Claim After 3 Years?

Discussion in 'Personal Injury Law Forum' started by Dees, 11 July 2016.

  1. Dees

    Dees Member

    Joined:
    11 July 2016
    Messages:
    1
    Likes Received:
    0
    Has anyone challenged the new compensation laws?

    My son had an accident 4 months after the laws changed and we have been told that it will be impossible to claim anything now. A car pulled out in front of his motorbike so he is not at fault but had to give up his job as a welder as he could not lift.

    Three years later and he still has problems with his hips, legs and back aching. Please, his depression was severely aggravated but because it is soft tissue we have been advised not to bother with a personal injury claim.

    I am interested to hear if anyone has challenged the new laws?
     
  2. Cathlawyer

    Cathlawyer Member

    Joined:
    11 July 2016
    Messages:
    3
    Likes Received:
    1
    What was the date of the accident? It sounds like the second half of 2013? You should definitely take advantage of a free first interview with a lawyer to discuss this situation but please do it urgently.
     
    Dees likes this.
  3. MangoLover

    MangoLover Active Member

    Joined:
    4 October 2016
    Messages:
    10
    Likes Received:
    1
    I've been in 2 traffic accidents within the last 5 years (Motor cycles and inattentive or drunk drivers don't mix). The law used to be that you had 2 years to notify that you may take legal action to make a financial claim, but that has drastically changed now.

    I was given 9 months after the accident date to contact a solicitor, and there were then specific terms for the case to be activated, for settlement, for court proceedings if settlement cannot be reached, etc.

    I think that your son is out of time to make a claim now, but I would check with a solicitor to be sure - perhaps one of the No-win-no-fee ones could advise as they won't take on anything they haven't got a hope of winning. It may depend on what medical treatment he received, and records that were kept.
     
  4. Timnuts

    Timnuts Well-Known Member

    Joined:
    7 April 2016
    Messages:
    30
    Likes Received:
    4
    I'm in the same boat & after falling 1m from an a frame tressel flat-footed and I am in pain daily. I have been on return to work SA income support payments for a year now.

    Yes, the 2-year rule exists but my lawyer is trying to extend the timeframe. I cannot return to my original employment. I have had no return to work rehabilitation or retraining. They simply are paying my full wages and waiting for the time to expire being 2 years.

    But with a 30 percent full body impairment appointment, noting I will not pass because it's my back you need to loose a limb to get to the 30 percent. If all documentation is recorded and a written report by a specialist done, stating that you may or will require surgery in the near future.

    Don't take my word for it but that's the path I have been instructed by both the GP and the lawyer to take.

    Your income support will continue. In my case, I have L4/5 disk buldge and siatic nerve /pinching
    pain that has restricted my whole life and am taking 3 forte 500mg a day directed by the GP and every time I sit down, not even 10-minutes later, my left leg goes numb and also tinggles. My right leg as well. Then it takes me another 5-10 mins to stand up and try to shake /move my legs manually with my arms to try and release the pins and needle feelings I get from my back injury
     
  5. MangoLover

    MangoLover Active Member

    Joined:
    4 October 2016
    Messages:
    10
    Likes Received:
    1
    Just following on from this ,the time to take legal action used to be something like 10 years, as long as a lot of earlier conditions had been met (medical treatment and reports, etc), because some injuries will take years to actually either settle or cause further problems.

    As I said previously, it may be worth contacting a solicitor and I would certainly be doing that.
     

Share This Page

Loading...