What is the statute of limitations for personal injury claims in New South Wales?

3 years from discoverability. Source: Limitation Act 1969 (NSW) s 50C. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in New South Wales?

Yes — New South Wales applies the following caps: Non-economic loss cap (AU$734,500 (2024), annually indexed) under Civil Liability Act 2002 (NSW) s 16; Minor injury threshold (>10% WPI) under MAIA 2017 (NSW). See the caps section above for the conditions under which each applies.

Does New South Wales operate a no-fault auto insurance scheme?

New South Wales applies partial no-fault provisions. Motor Accidents Injuries Act 2017 (NSW) to statutory benefits + threshold for common-law damages. Minor-injury cases limited to statutory benefits only.

How are settlements typically valued in New South Wales?

Practitioners and adjusters in New South Wales value claims using the same building blocks applied across Australia: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a New South Wales attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. New South Wales's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most New South Wales personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

NSW

★ Australia · Eastern Australia

Personal injury in
New South Wales.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

New South Wales operates the Motor Accidents Injuries Act 2017 framework to statutory benefits for all injured persons plus common-law damages above a 10% Whole-Person-Impairment threshold.

New South Wales is Australia's most populous state and operates the Motor Accidents Injuries Act 2017, administered by icare and SIRA. Statutory benefits, income support, treatment, attendant care, are available regardless of fault for the first 26 weeks. Common-law damages for non-economic loss require the claimant to meet a 10% Whole Person Impairment threshold. Damages are capped under the Civil Liability Act 2002 at an annually-indexed figure (~AU$734,500 for 2024).

★ statute of limitations

3 years from discoverability

Limitation Act 1969 (NSW) s 50C

★ fault rule

Common-law contributory reduction

Contributory-negligence reduction under the Civil Liability Act 2002 (NSW). Above 100% claimant fault, recovery is barred.

★ NSW · statutory caps

What caps recovery.

Caps and ceilings imposed by New South Wales law that bear on settlement values.

Non-economic loss cap
Civil Liability Act PI
AU$734,500 (2024), annually indexed
Civil Liability Act 2002 (NSW) s 16
Minor injury threshold
CTP non-economic loss damages
>10% WPI
MAIA 2017 (NSW)

★ NSW · key facts

What makes New South Wales different.

The handful of details that distinguish this jurisdiction from its neighbours.

Most populous Australian state (~8.4M)
MAIA 2017 to statutory benefits + threshold for common-law damages
WPI threshold (>10%) for non-economic loss
CLA cap on non-economic loss (~AU$734.5k for 2024)
icare/SIRA administer the CTP scheme

★ NSW · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under New South Wales law.

★ NSW · court decisions

What New South Wales courts have decided.

Reported New South Wales decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Insurance Australia Ltd t/as NRMA Insurance v Momand
Supreme Court of NSW · 2024
Refusal of review quashed
On 11 March 2021 a 2001 Toyota HiAce van hit the rear of the car Hedgerat Momand was driving.
whiplash in New South Wales →
Whiplash
Insurance Australia Ltd t/as NRMA Insurance v Kirkpinar
Supreme Court of NSW · 2025
Review panel certificate quashed
Musa Kirkpinar was injured in a motor accident in NSW in July 2011 and claimed under the Motor Accidents Compensation Act 1999.
whiplash in New South Wales →
Back & spine
Allianz Australia Insurance Ltd v Susak
NSW Court of Appeal · 2025
Insurer’s appeal dismissed
After his crash, Mr Susak had lower back pain that persisted.
back & spine in New South Wales →
Back & spine
De Martin & Gasparini Pty Ltd v Bartlett
NSW Court of Appeal · 2025
Trial judgment over $2.5 million set aside
On 26 April 2018 Dustin Bartlett, a concreter and linesman supplied by a labour hire company, was injured on a Sydney CBD building site while lifting a concrete hose with another worker, and suffered a back injury.
back & spine in New South Wales →
Head & brain
Delaney v Federation Council
District Court of NSW · 2025
$165,000
When she was six, the plaintiff fell from a three metre high diving board platform at the Corowa Swim Centre onto the surrounding concrete.
head & brain in New South Wales →
Head & brain
Rose v Insurance Australia Ltd t/as NRMA Insurance
Supreme Court of NSW · 2025
Review panel certificate set aside
In November 2017 Mr Rose, then a teenager, was in the back of a car that hit a tree near Grafton and was trapped for about an hour.
head & brain in New South Wales →
Fracture
Hardy v Eclipse K9 Security Pty Ltd
District Court of NSW · 2024
$460,988.99
On 4 June 2022 Matthew Hardy was riding his motorcycle on a public road when a dog attacked him.
fracture in New South Wales →
Fracture
Daher v Gold & Eagle Constructions Pty Ltd
Supreme Court of NSW · 2024
Damages against the head contractor
On 20 August 2019 Anthony Daher fell through an unguarded opening in a suspended concrete slab at a renovation in Burton Street, Randwick, into the cellar below, three metres down, breaking his ankle.
fracture in New South Wales →
Medical negligence
Busa v South Eastern Sydney Local Health District (Sydney Eye Hospital)
Supreme Court of NSW · 2025
Judgment for the hospital
Mr Busa sued over a procedure on his left eye at Sydney Eye Hospital, saying a doctor made excessive attempts to tap vitreous fluid, causing loss of vision, ongoing pain and psychiatric harm.
medical negligence in New South Wales →
Medical negligence
Taylor v Woodgate
District Court of NSW · 2025
Judgment for the surgeon
On 10 May 2011 the plaintiff had a total left hip replacement at St Vincent’s Private Hospital using a metal on metal, short stem prosthesis, and a revision on 30 August 2011.
medical negligence in New South Wales →
Workplace
Lederer Group Pty Ltd v Hodson
NSW Court of Appeal · 2024
Awards of $597,916 and $472,793 set aside
On 26 October 2020 an elderly man was run over and killed by a truck in a loading dock at Corrimal Shopping Centre.
workplace in New South Wales →
Workplace
Milne v SDN Children’s Services and BRC Recruitment Pty Ltd
Supreme Court of NSW · 2025
Non-economic loss 25% of a most extreme case
Ms Milne sued SDN Children’s Services and BRC Recruitment over a fall at work on 1 February 2016.
workplace in New South Wales →

★ NSW · rules that decide claims

The rules in New South Wales.

Statutes and rulings that come up again and again in New South Wales injury claims, each with its source.

Motor accident threshold	For motor accident claims, damages for non-economic loss need permanent impairment greater than 10%, assessed by medical assessors of the Personal Injury Commission.Motor Accidents Compensation Act 1999 (NSW) s 131, as described in NRMA v Kirkpinar [2025] NSWSC 162
Threshold injuries	Soft tissue injuries are generally “threshold injuries” under the Motor Accident Injuries Act 2017, which limits what can be claimed; an injury with nerve involvement can fall outside that category.Allianz v Susak [2025] NSWCA 91
Certificates can be challenged	Medical assessment certificates and refusals to review them can be taken to the Supreme Court; in Momand the question was whether a substantial, clearly articulated argument had been ignored.NRMA v Momand [2024] NSWSC 1529
Radiculopathy matters	A lumbar injury with radiculopathy caused by the accident is not a threshold injury, which opens up fuller benefits and damages.Allianz v Susak [2025] NSWCA 91
Workers compensation is repaid	An insurer that paid workers compensation (about $700,000 in Bartlett) is entitled to recover it from an award of work injury damages, under s 151A of the Workers Compensation Act 1987.De Martin & Gasparini v Bartlett [2025] NSWCA 56
Non-economic loss threshold	No damages for non-economic loss “unless its severity is at least 15% of a most extreme case”; above that, the court fixes a percentage of a most extreme case.Civil Liability Act 2002 (NSW) s 16(1), as quoted in Delaney v Federation Council [2025] NSWDC 141
Assessing brain injury loss	Delaney’s non-economic loss was 26% of a most extreme case, which the court said equated to 8% of the maximum amount, $61,000.Delaney v Federation Council [2025] NSWDC 141
Pools and operators	The council was liable to the injured child, and the pool operator, under the terms of its lease, was ordered to indemnify the council.Delaney v Federation Council [2025] NSWDC 141

★ other Australia jurisdictions

Compare across Australia.

How New South Wales compares with its neighbours in Eastern Australia on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
New South Wales· you are here	Common-law contributory reduction	3 years from discoverability
Victoria (VIC)	Common-law contributory reduction	3 years from discoverability (subject to 12-year longstop)
Queensland (QLD)	Common-law contributory reduction	3 years from discoverability
Tasmania (TAS)	Common-law contributory reduction	3 years from discoverability
Australian Capital Territory (ACT)	Common-law contributory reduction	3 years from discoverability

Every Australia jurisdiction compared

★ NSW · frequently asked

Common questions.

Common questions about personal injury claims in New South Wales, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in New South Wales?
3 years from discoverability. Source: Limitation Act 1969 (NSW) s 50C. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in New South Wales?
Common-law contributory reduction. Contributory-negligence reduction under the Civil Liability Act 2002 (NSW). Above 100% claimant fault, recovery is barred.
Are there caps on damages in New South Wales?
Yes — New South Wales applies the following caps: Non-economic loss cap (AU$734,500 (2024), annually indexed) under Civil Liability Act 2002 (NSW) s 16; Minor injury threshold (>10% WPI) under MAIA 2017 (NSW). See the caps section above for the conditions under which each applies.
Does New South Wales operate a no-fault auto insurance scheme?
New South Wales applies partial no-fault provisions. Motor Accidents Injuries Act 2017 (NSW) to statutory benefits + threshold for common-law damages. Minor-injury cases limited to statutory benefits only.
How are settlements typically valued in New South Wales?
Practitioners and adjusters in New South Wales value claims using the same building blocks applied across Australia: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (common-law contributory reduction) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a New South Wales attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. New South Wales's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most New South Wales personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ federal context

Back to Australia

All injury bands, statutes, and procedural pathway at the Australia level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the New South Wales statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult a lawyer licensed in New South Wales. See /methodology, /sources, and /disclaimer.

Personal injury inNew South Wales.

Personal injury in
New South Wales.