VIC Suing School for Personal Injury?

[LJFR]

I'm 19 year old female. When I was 5 I attended a Victorian private school and on an excursion I broke my nose on the wall of a construction site that we walked past (personal injury). Now that I am an adult, am I within the statute of limitations to sue the school? My parents did not demand any money from the school at the time. I've been self-conscious of my broken nose since the accident. I was teased as a child because of it, and suffered from severe depression as an adolescent.

Please give me some advice on whether I have a chance against a very rich school. Should I approach them myself and ask for a settlement in exchange for not suing?

 

[Sarah J]

Hi LJFR,

Under the Limitation of Actions Act:

1. The limitation period of personal injury is 3 years from the date of the incident (section 5(1AA))
2. There is usually an extension period for "people with a disability (including minors)", however, this extension does not apply to personal injury cases (section 23)
3. However, you can still ask a court to extend the time limit and allow you the action (section 23A). You will need to show:

• • The merits of your case;
  • Reasons for the delay (including why your parents decided not to pursue the action on our behalf);
  • Any prejudice the school will suffer (e.g. loss of evidence given the long time period, destruction of records and witnesses, witness memories deteriorating after such a long time period);
  • Extent of your injuries and duration of your suffering;
  • Medical, legal and other expert advice you have received.

Then, you will need to consider the merits of your case. Essentially, you need to show that the school was negligent by taking you out to the excursion, and due to their negligence, you were injured. It may be difficult to show that (1) the school was negligent, and (2) your injury was primarily caused by the negligent of the school. It is not enough to simply show that you were injured while under the care of the school.

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