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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Limitation Period for Personal Injury Claims in NSW

If you think you have a claim for compensation as the result of personal injury, it is important that you act quickly to instruct solicitors and obtain sound advice before the expiry of the Limitation Period.

The Legislation

In NSW under the Limitations Act 1969, a person cannot bring a claim for compensation for personal injury after the expiration of the first of the following:

  1. Three (3) years from the date on which the cause of action (claim) is ‘discoverable’; or
  2. Twelve (12) years running from the time of the act or omission alleged to have resulted in the injury or death concerned.

A claim is “discoverable” by a person on the first date that the person knows or ought to know of each of the following facts:

  1. The fact that the injury or death concerned has occurred;
  2. The fact that the injury or death was caused by the fault of the defendant; and
  3. In the case of injury, the fact that the injury was sufficiently serious to justify the bringing of an action on the cause of action.

A person “ought to know” of a fact at a particular time if the fact would have been ascertained by the person had the person taken all reasonable steps. Usually, this will mean taking medical or legal advice within a reasonable period of time.

 

Practical Application

In some cases, such as where a person is punched by another person and suffers injury, the date that the cause of action is discoverable is obvious and the clock will start to tick immediately. In other cases, such as medical negligence, where a doctor has allegedly failed to provide appropriate care and treatment, the date that the cause of action is discoverable becomes more difficult to determine.

In most instances in medical negligence, where peer professional opinion is necessary to determine whether or not the medical care and treatment concerned fell below that standard which is considered to be competent professional practice.

The limitation period ceases to run when the claim is filed in court.

It is extremely important to instruct a competent lawyer as soon as possible to ensure that appropriate steps are taken to investigate your claim and to commence proceedings before the expiration of the limitation period.

 

Case Study: Thompson v Rosen [2020] NSWSC 356

In the recent NSW Supreme Court case of Thompson v Rosen [2020] NSWSC 356, two gynaecologists brought an application to strike out a claim made by a former patient who alleged to have suffered injuries as the result of their care in excess of ten (10) years previously, on the basis that the claim was commenced out of time.

The doctors argued that the woman had known about her injuries from as early as 2007 when the treatment was performed, and ought to have known that her injuries were sufficiently serious to justify making. It was therefore more than three (3) years since the woman’s cause of action was discoverable.

However, NSW Supreme Court Associate Justice Harrison found that a cause of action is not discoverable by a person (‘the plaintiff’) until they become aware that their injuries are the fault of another (‘the defendant’). It was held that ‘fault’ in a legal context means more than just knowing who performed a procedure and being unhappy with the outcome. The plaintiff needs to have received an opinion from an appropriately qualified expert who is of the opinion that the defendants breached their duty of care and that this breach caused the plaintiff’s injuries. This must occur before it can be considered that the plaintiff knew that the defendant was at fault.

In this case, AsJ Harrison found that the woman did not know that the doctors were at fault until she received an expert report from another obstetrician/gynaecologist on 6 September 2018 stating that the treatment she received from the doctors would not be widely accepted in Australia by peer professional opinion as being competent professional practice, and that their poor treatment is what caused her injuries. The judge held that the date of discoverability in this case was the date the expert report was received on 6 September 2018. Consequently, the limitation period had not expired in respect of the woman’s claim.

Our team of expert personal injury lawyers would be pleased to meet with you in a free consultation to discuss your potential claim and the limitation period that applies to you.

Please contact our office on (02) 4050 0330 to make an appointment or book online.

 

 

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