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WA What is the Statute of Limitations to Sue for Negligence?

Discussion in 'Personal Injury Law Forum' started by astute, 22 November 2015.

  1. astute

    astute Active Member

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    Hi
    I am new to this and was hoping to get some help. I have a friend who is currently in prison and was bashed up in prison and subsequently admitted to a hospital. What is the statute of limitations of suing for negligence?

    Thank you.
     
  2. Lawyering mum

    Lawyering mum Well-Known Member

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    Is your friend in WA also?
     
  3. Julia S

    Julia S Active Member

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    The limitation period for a claim in negligence is 3 years from the date of injury.

    Why is he claiming negligence? Did the hospital/doctors/nurses/prison make a mistake?

    If someone is convicted of a crime he could look at a Criminal Injuries Compensation claim.

    I suggest your friend contact a local personal injury lawyer.

    Regards
    https://www.lawanswers.com.au/find-a-lawyer/lawyer/delta-legal-perth-wa
     
  4. astute

    astute Active Member

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    Yes, my friend is is WA.
     
  5. astute

    astute Active Member

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    Apparently there is no investigation done after the incident. One of his pal tried asking the officer what actually happened, but no one is giving them any answer.

    Also, it must have been really bad for him to be admitted to the hospital. He just wants to know what happened and who attacked him. He is unsure what to do as he doesn't have any savings to hire a lawyer to find out what exactly happened.

    He is physically and mentally broken right now.
     
  6. Julia S

    Julia S Active Member

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    Most lawyers change no win and no fee.
     
  7. astute

    astute Active Member

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    Hi Julia,

    What do you mean by "Most lawyers change no win and no fee."

    Pro bono work?
     
  8. Julia S

    Julia S Active Member

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    Not pro bono work. Meaning that most lawyers take your case to a pre-trial conference on deferred fee and the client only pay disbursements like medical reports or medical notes.

    If they are successful in getting a settlement, the lawyer will get some fees paid by the defendant and the remaining by the client with their compensation.

    With criminal injuries compensation, they pay all fees but the fees are usually not that high
     
  9. astute

    astute Active Member

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    Thank you for the explanation.

    In regards to criminal injuries compensation, they pay all fees? They as in the victim pay all fees? And why do you say it is not that high.

    I do apologize for asking simple questions as I am not familiar with all this.

    Do appreciate that you are taking the time to explain to me.
     

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