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Joanne asks: I understand that you have three years to commence court action if you are injured. What is the situation if the injury is an illness of the mind? Does your three years commence when you recover from that illness and are in a position to make a decision? I suppose it’s along the line of you can’t be found guilty of a crime if you have an illness of the mind and if you have a mental illness and can’t make an informed decision on whether to commence court proceedings?

Answer: It is correct that there are only three years from the date of injury in which to bring proceedings as of right. It was previously the case that time did not apply if the injured party was operating under a legal incapacity. Time can be extended on application to the court. Limitation issues are a difficult and complex area and should you require assistance in determining whether a claim is still available then please do not hesitate to contact us on 1800 848 848.