Generally speaking, you have 3 years to commence a claim in the Court. To protect your rights to claim within this period, a notice (Part 1 – Notice of Claim) must be served on the defendant according to the following time frames:
If you are not consulting a lawyer, you have 9 months after the date the injury occurred (or on the first appearance of symptoms) to serve the ‘Part 1 – Notice of Claim’.
Once you have consulted a lawyer, you have 1 month to serve a ‘Part 1 – Notice of Claim’.
IMPORTANT NOTE: Should notice not be given as above, a ‘reasonable excuse’ must be given to allow the claim to proceed.
REMEMBER: Each individual case is different. Legal advice should be sought as soon as possible after the injury or the onset of symptoms occur.
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