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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    What can I do if I can’t physically claim after an injury?


    Should you wish to claim after an injury, sustained in a road traffic accident for instance, your ability to claim would partly depend on the time that has elapsed since the accident occurred. This is because there is a time limit, or limitation period of three years for claims to be lodged.

    Minors

    There are, however, exceptions to this rule. One exception, for example, is made for minors. When a person under the age of 18 is injured by an accident on the road, for instance, the time limit would not commence until the date of their 18th birthday, as opposed to commencing on the date of the traffic accident, which would normally be the case.

    Mental health

    Another case where an exception may be made is if the individual hurt in a motoring accident was receiving treatment under the Mental Health Act at the time of the car crash, the limitation period would not commence until their condition improves or they are discharged from care.

    Serious injuries

    If the extent of an injury by vehicle collision is too serious and the injured party is physically unable to claim, the time limit is not extended, but their family can claim on their behalf. The limitation period here would commence at the date the road accident happened or the date it became clear that their injuries were caused by the accident.

    Death

    Should the worst happen and someone sustains fatal injuries in a motorcycling accident, for example, their family can claim for compensation on their behalf. Should a claim process have already been initiated, the family may continue the claim, as long as the period of limitation did not expire during the victim’s lifetime. Under these circumstances, the three years would commence from the date the victim succumbed to his or her injuries.

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    Other accidents

    The limitation period and exceptions to it apply not only to traffic related accidents, but to all kinds of incidents, including accidents at work; slips, trips and falls, and so on.

    If in doubt

    Should you or a loved one suffer an accidental injury and you are unsure whether you are eligible to claim for injury compensation either for yourself or on their behalf, discuss your situation with Accident Advice Helpline. Our law firm’s experts will be able to clarify things for you. Our advice line is open 24 hours, every day of the year, on 0800 689 0500.

    Date Published: March 2, 2015

    Author: Accident Advice

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.