A member asked over 8 years ago

what is the time limit taking action after the accident occurred?

Can I take legal action 20 months after the accident occurred?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. The limitation period for actions in personal injury in Victoria are provided for under section 23A of the Limitation of Actions Act 1958 (Vic). Depending on the type of action you are seeking the limitation period will be different. This period may also be extended in certain circumstances if a Court thinks this is fair and necessary. Actions for damages in respect of damages for personal injuries or for damages for negligence, nuisance or breach of duty (the duty arising from contract or statute) have a limitation period of three years. All other actions are six years (with some exceptions).


Suggested way forward

Because of this you still have time to bring an action even if your action concerns damages for personal injury. We recommend that you seek the advice of a personal injury lawyer to ensure you do not run out of time. By pressing the "Take Action" button through LawAdvisor we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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