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.
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.
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.
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.
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.
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