Adviceline Injury Lawyers have successfully overcome an issue of time limits to help an injured Victorian access compensation.
In October 2005, the man was leaving a hotel when he was assaulted by a security guard employed by the hotel. Security footage of the incident was obtained several years after the incident, and revealed that the man may have a case in negligence against the hotel for the security guard's actions.
In November 2012, court proceedings were filed by Adviceline Injury Lawyers seeking compensation on behalf of the injured man for expenses he had incurred and the consequences of this permanent injury on his life. Representatives for the hotel objected on the basis that they had been prejudiced by the Plaintiff's failure to file the court proceedings within 3 years of the date of his injury, as required by the relevant legislation. The matter was referred for determination by the County Court and heard in January 2015.
Adviceline Injury Lawyers assisted the Plaintiff and argued that the three year time limit did not operate until the discovery of the footage, which first put the man on notice that he may have a claim in negligence against the hotel.
In her decision delivered in March 2015, Judge Millane agreed with the Plaintiff's argument that the relevant time limit did not begin until discovery of the footage. In reaching her conclusion, Her Honour took into account the fact that the Plaintiff had no direct recollection of the incident as a result of the head injury, and the police investigation conducted soon after the incident did not indicate whether the hotel had been responsible for the assault on the plaintiff.
If you or someone you know has been injured as a result of a workplace accident, motor vehicle accident or whilst in a public place, we invite you to speak with one of our expert injury lawyers on (03) 9321 9988.