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Personal injuries in Victoria are governed by a number of pieces of legislation. These include the Wrongs Act 1958, the Transport Accident Act 1986 and the Workplace Injury Rehabilitation and Compensation Act 2013.

Under the Wrongs Act 1958, a person who has suffered non-economic and economic loss as a result of a personal injury or death can claim compensation in the form of damages. Such claims are negligence claims and more information can be read in our dedicated article, Negligence in Victoria.

Negligence claims in Victoria cover a wide variety of personal injury cases, and include:

  • Vehicle and car accidents;
  • Workers compensation;
  • Medical malpractice;
  • Serious injuries;
  • Public and product liability; and
  • Dust diseases, including asbestos related diseases.

Time limits apply to all personal injury claims. Under the Limitation of Actions Act 1958, a personal injury claim must be brought within three years of the discovery of the injury or within 12 years from the date of the act (or omission) which caused the injury, whichever expires first.

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Frequently Asked Questions

What laws govern personal injury claims in Victoria?

Personal injury claims in Victoria are governed by several key pieces of legislation including the Wrongs Act 1958, the Transport Accident Act 1986, and the Workplace Injury Rehabilitation and Compensation Act 2013. Under the Wrongs Act 1958, individuals can claim compensation for both economic and non-economic losses through negligence claims covering various injury types.

Which courts handle personal injury matters in Victoria?

Personal injury matters in Victoria are typically handled by the Magistrates' Court for smaller claims, the County Court for intermediate matters, and the Supreme Court for more complex or higher-value cases. The specific court depends on factors such as the compensation amount sought, complexity of the case, and type of personal injury claim being pursued.

How much does it cost to consult a personal injury lawyer in Victoria?

Go To Court Lawyers offers personal injury consultations in Victoria for a fixed fee of $295. This consultation allows you to discuss your case details, understand your legal options, and receive professional advice about your potential claim. The cost structure for ongoing representation will depend on your specific circumstances and case complexity.

How can a personal injury lawyer help with my Victoria claim?

A personal injury lawyer can assess your case merits, gather evidence, negotiate with insurance companies, and represent you in court proceedings. They can help navigate Victoria's complex legislation including the Wrongs Act 1958, calculate appropriate compensation for economic and non-economic losses, and ensure all legal requirements and deadlines are met throughout your claim process.

What are the time limits for personal injury claims in Victoria?

Personal injury claims in Victoria must be brought within strict time limits under the Limitation of Actions Act 1958. You have three years from discovering the injury or 12 years from the date of the accident or omission that caused the injury, whichever expires first. Missing these deadlines can permanently bar your claim.