---
title: "Calculate the Queensland limitation period for a fatal claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-7-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Calculate the Queensland limitation period for a fatal claim

> In a firm-controlled tool, calculate three years from the date the cause of action arose, separately for the estate and the dependency claim.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | In a firm-controlled tool, calculate three years from the date the cause of action arose, separately for the estate and the dependency claim. Do not add a discoverability period, and do not decide that a claim is in time. |
| What the lawyer must review | Decide the date the cause of action arose for each claim. The opened section states no discoverability period. Do not add one. A dust-related injury may have no limitation period. Tobacco is outside that exception. |
| Written for | Queensland |
| Applies to | [Work out the limitation period for a dependency claim separately from the surviving claim](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-the-limitation-period-for-a-dependency-claim-separately-from-th.md) |

## Checking plan

**Queensland three years from accrual**

The tool calculates three years from accrual under section 11. The opened section states no discoverability period. The lawyer decides any dust exception.

- What the AI does: In a firm-controlled tool, calculate three years from the date the cause of action arose, separately for the estate and the dependency claim. Do not add a discoverability period, and do not decide that a claim is in time.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Use three years from accrual for an action whose damages include injury resulting from the death.
2. Do not insert a discoverability date. Section 11(1) does not state one.
3. Row section 11(2) only for a right of action relating to personal injury from a dust-related condition, and apply section 11(3) to tobacco.
4. You decide whether the dependency claim is that right of action.

## Notes

- Section 11(1) of the Limitation of Actions Act 1974 says an action for damages for negligence, trespass, nuisance or breach of duty, in which the damages claimed consist of or include damages in respect of personal injury to any person or damages in respect of injury resulting from the death of any person, shall not be brought after three years from the date the cause of action arose. The opened section states no discoverability period. Section 11(2) says a right of action relating to personal injury resulting from a dust-related condition is not subject to a limitation period. Section 11(3) says that does not include injury from smoking, other tobacco use, or exposure to tobacco smoke. The lawyer decides whether the dependency claim is the right of action described in section 11(2).
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Queensland: Limitation of Actions Act 1974 s 11

**Deliverable**: A limitation table running three years from accrual, with any dust exception left for decision.

**Inputs**

- Date the cause of action arose
- Date of death
- Whether a dust-related condition is alleged

**Example**: Illustrative example: Death was three years and two months ago. The tool shows section 11 running from accrual and leaves the claim unmarked as in time. It does not add a discoverability extension.

**Stop and escalate when**

- A discoverability period is added.
- Tobacco injury is treated as a dust-related condition.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1974 (Qld) s 11](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11.html) (checked 2026-10-23)
- [Civil Proceedings Act 2011 (Qld) Part 10](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-045) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*