What is the statute of limitations for personal injury claims in Victoria?

3 years from discoverability (subject to 12-year longstop). Source: Limitation of Actions Act 1958 (Vic) s 27D. 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 Victoria?

Yes — Victoria applies the following caps: Non-economic loss cap (~AU$632k+ (CLA cap)) under Wrongs Act 1958 (Vic) s 28G; Serious-injury threshold (30%+ WPI or judicial certificate) under Transport Accident Act 1986 s 93. See the caps section above for the conditions under which each applies.

Does Victoria operate a no-fault auto insurance scheme?

Yes. Victoria is a no-fault auto insurance jurisdiction. Transport Accident Act 1986 (Vic), full no-fault statutory benefits via TAC, plus common-law damages for serious injury.

How are settlements typically valued in Victoria?

Practitioners and adjusters in Victoria 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 Victoria attorney for a personal injury claim?

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

VIC

★ Australia · Eastern Australia

Personal injury in
Victoria.

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

Victoria operates the Transport Accident Commission scheme, full no-fault statutory benefits for all motor injury, with common-law damages reserved for serious injury (30%+ WPI or judicial certificate).

Victoria runs the Transport Accident Commission (TAC) scheme under the Transport Accident Act 1986, comprehensive no-fault benefits for all motor injury, with common-law damages reserved for serious injuries that meet the 30% WPI threshold or obtain a judicial certificate. The Wrongs Act 1958 caps non-economic loss in non-motor PI. Limitation is three years with a 12-year longstop.

★ statute of limitations

3 years from discoverability (subject to 12-year longstop)

Limitation of Actions Act 1958 (Vic) s 27D

★ fault rule

Common-law contributory reduction

Contributory-negligence reduction under Wrongs Act 1958 (Vic).

★ VIC · statutory caps

What caps recovery.

Caps and ceilings imposed by Victoria law that bear on settlement values.

Non-economic loss cap
Civil Liability PI
~AU$632k+ (CLA cap)
Wrongs Act 1958 (Vic) s 28G
Serious-injury threshold
TAC common-law damages
30%+ WPI or judicial certificate
Transport Accident Act 1986 s 93

★ VIC · key facts

What makes Victoria different.

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

TAC scheme, full no-fault + common law for serious injury
Wrongs Act CLA cap
3-year limitation with 12-year longstop

★ VIC · by injury

Claim values by injury type.

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

★ other Australia jurisdictions

Compare across Australia.

How Victoria compares with its neighbours in Eastern Australia on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Victoria· you are here	Common-law contributory reduction	3 years from discoverability (subject to 12-year longstop)
New South Wales (NSW)	Common-law contributory reduction	3 years from discoverability
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

★ VIC · frequently asked

Common questions.

Common questions about personal injury claims in Victoria, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Victoria?
3 years from discoverability (subject to 12-year longstop). Source: Limitation of Actions Act 1958 (Vic) s 27D. 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 Victoria?
Common-law contributory reduction. Contributory-negligence reduction under Wrongs Act 1958 (Vic).
Are there caps on damages in Victoria?
Yes — Victoria applies the following caps: Non-economic loss cap (~AU$632k+ (CLA cap)) under Wrongs Act 1958 (Vic) s 28G; Serious-injury threshold (30%+ WPI or judicial certificate) under Transport Accident Act 1986 s 93. See the caps section above for the conditions under which each applies.
Does Victoria operate a no-fault auto insurance scheme?
Yes. Victoria is a no-fault auto insurance jurisdiction. Transport Accident Act 1986 (Vic), full no-fault statutory benefits via TAC, plus common-law damages for serious injury.
How are settlements typically valued in Victoria?
Practitioners and adjusters in Victoria 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 Victoria attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Victoria's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Victoria 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 Victoria 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 Victoria. See /methodology, /sources, and /disclaimer.

Personal injury inVictoria.

Personal injury in
Victoria.