When is the deadline for limitation period: personal injuries?
The catalogue records a 3 years period from Accrual of the cause of action (or, for a latent injury, when the injury first comes to the person's knowledge: s 36(1a)). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 years
- Trigger
- Accrual of the cause of action (or, for a latent injury, when the injury first comes to the person's knowledge: s 36(1a))
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Limitation of Actions Act 1936 (SA) s 48 on the restricted gateways in s 48(3)(b) (material facts not ascertained until within 12 months before expiry or after expiry, with the action instituted within 12 months of ascertainment; or the plaintiff's failure resulted from the defendant's representations or conduct and was reasonable), and only if in all the circumstances it is just. Section 45 extends for legal disability (child, or mental deficiency, disease or disorder rendering the person incapable of reasoning or acting rationally in relation to the action), capped at 30 years from accrual by s 45(3).
- THREE years, not six: SA differs from the general six-year rule. Where a child's time is extended by the Act to more than 6 years from the date of the incident, notice of the intended action must be given within 6 years after the incident under s 45A(1); non-compliance does not bar the action but disallows pre-action medical and gratuitous services damages and pre-action costs unless there is good reason to excuse it (s 45A(7)). A defendant may require the plaintiff by written notice to bring the action within 6 months (s 45A(5)).