If you are injured in an accident that is somebody else’s fault then you may be eligible to make a claim for compensation. If you call Accident Advice Helpline on our free-phone number and speak to one of our friendly and professional advisors we should be able to accurately assess your claim to see if it is valid but we will look at the time constraints here.
Personal injury claims can be made for many different types of accident including travel accident compensation and road traffic accidents but regardless of the category your injury falls into there are certain qualification points that you need to hit in order for your claim to be valid.
In the United Kingdom the time limit in which you have to make a personal injury claim is three years from the date of the accident. After this time if the court proceedings have not started then the case is considered time- or statute-barred.
Having said that, if you were not aware that an accident caused your injury until later then the three-year deadline begins from what is known as the date of knowledge. This rule is particularly useful in cases that are involving exposure to asbestos since a related disease may not become obvious until decades later.
If the person died as a result of the injury they suffered but it was not clear until the post mortem that this was the cause of death then the deadline would begin on the date of death or maybe the post mortem date. If the person claiming is part way through a claim and then dies the three-year deadline begins again at the date of death to allow the family to continue the claim.
The rules are slightly different for children with the limitation period not starting until legal incapacity is removed at the age of 18.
Patients being treated under the Mental Health Act 1983 are also legally incapacitated so their three-year deadlines would begin on the date of their discharge.
If your personal injury compensation claim is being dealt with by the Criminal Injuries Compensation Authority then there is a strict 2-year deadline; this would be the case in assaults or other attacks.
Outside the UK the time limits can be different so it is important to seek legal advice as soon as possible to avoid losing your opportunity to claim. On aircraft there is a 2-year limit so if you suffer an injury on a plane such as a slip, trip or fall, it is important to claim early.
Making a claim as soon as possible is always advisable since you are more likely be able to find witnesses and any statements and recollection of the incident will be clearer.
You can also log on to Accident Advice Helpline’s website and use our 30-second test to see if you are eligible to make a claim for compensation. Give us a call today on 0800 689 0500 to speak to one of our advisors.
Date Published: July 22, 2015
Author: Accident Advice