Question regarding length of time allowable for bringing up old case.

PaddyW

Registered User
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Hi, bit of a complicated question. It's a long time now since it happened, but due to negligence (I'd imagine that's the word you could use for it) of hospital staff at the birth of my brother, who is long since departed, he was left brain damaged. He died a short time after and an unofficial offer was made by the hospital to my parents, who at the time did not take the offer as they were in mourning, as you would imagine.

So, basically I was wondering if cases such as these can be revisited and if so, is there a certain length of time after which you can no longer bring a case.

It's a hypothetical question on my part really, but one which I would like an answer to if possible. Thanks in advance.
 
How long is a long time?

Three years is the timeframe I have in my head.

mf
 
If three years is all, then this would be way over the limit! Thanks mf
 
Why three years, mf?

I suspect that it might not have a bearing on the situation PaddyW has in mind, but isn't the Statute of Limitations limit six years?
 
The limitation period varies depending on what's at issue, e.g. 12 years for land, but 30 years for State land, 60 years for foreshore, 6 years for contract disputes or negligence, unless it involves personal injury in which case I believe it's now 2 or 3 years (not sure which).