---
title: "Limitation period checklist for a personal injury claim (Limitation Act 1969 (NSW) Part 2 Division 6)"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-limitation-and-deadline-checklist-nsw"
type: "precedent"
site: "AI Law Framework"
id: "a21-personal-injury-limitation-and-deadline-checklist-nsw"
area_id: "A21"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A21-T1-R1", "A21-T1-R15"]
law_stated_as_at: "2026-10-18"
---

# Limitation period checklist for a personal injury claim (Limitation Act 1969 (NSW) Part 2 Division 6)

> Checklist for working out the limitation period for a NSW personal injury or death claim: whether Division 6 applies, the 3-year discoverability and 12-year long-stop periods, discoverability facts, minors injured by…

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-limitation-and-deadline-checklist-nsw  
Law stated as at: 2026-10-18

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

Checklist for working out the limitation period for a NSW personal injury or death claim: whether Division 6 applies, the 3-year discoverability and 12-year long-stop periods, discoverability facts, minors injured by close relatives, disability and extension.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: New South Wales
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for New South Wales.

## When to use it

Use at intake and again before advising on any new NSW personal injury claim outside the motor accident and workers compensation schemes, so the earliest possible expiry date is diarised before any other work is done.

## Used for these tasks

- [Calculate limitation and pre-action notice deadlines from the injury facts](https://ailawframework.com/practice/personal-injury-and-compensation.md#A21-T1-R1)
- [Triage a new injury enquiry against scheme eligibility](https://ailawframework.com/practice/personal-injury-and-compensation/triage-a-new-injury-enquiry-against-scheme-eligibility.md)

## How AI may be used

The lawyer decides the limitation date; AI may extract the dates and facts from the intake and records into the checklist for the lawyer to work through.

**AI may:**

- Extract the date of the act or omission, the date of injury, the client's date of birth and the first medical attendances from the intake and records
- List facts in the file that bear on when the client knew, or ought to have known, of the injury, fault and seriousness
- Show the 12-year long-stop date from the date of the act or omission for the lawyer to confirm

**AI must not:**

- Must not decide the discoverability date or state that a claim is in time
- Must not decide whether the claim falls within a statutory scheme with its own time limits
- Must not diarise a date that the lawyer has not confirmed

**The lawyer checks:**

- Whether Division 6 applies at all: the date of the act or omission, the type of claim and the scheme exclusions in s 50A(3)
- The discoverability date under s 50D and the earliest expiry of the 3-year and 12-year periods
- Whether ss 50E or 50F change the dates, or an extension under s 62A is needed
- Any separate pre-action notice requirements or shorter scheme time limits for the defendant or the claim type

## Authorities

- [Limitation Act 1969 (NSW) s 50A (Division applies to personal injury and death claims however brought, for acts or omissions after the Division commenced; not to Motor Accidents Compensation Act 1999 or Motor Accident Injuries Act 2017 claims)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1969-031)
- [Limitation Act 1969 (NSW) s 50C (3-year post-discoverability period and 12-year long-stop, whichever expires first; survivor and compensation to relatives actions)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1969-031)
- [Limitation Act 1969 (NSW) s 50D (when a cause of action is discoverable: injury, fault of the defendant, seriousness)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1969-031)
- [Limitation Act 1969 (NSW) ss 50E and 50F (minors injured by parents, guardians or close associates; suspension during disability) and ss 62A and 62B (extension of the 12-year long-stop)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1969-031)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/personal-injury-limitation-and-deadline-checklist-nsw and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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