Can you claim after 10 years has elapsed since your accident?
If you have been the unfortunate victim of an accident where you have been injured and are wanting to make a compensation claim it is important to remember that a claim must occur within 3 years of the accident that caused the injury. If you want to know can you claim after 10 years has elapsed since your accident, the answer is almost always no.
However, sometimes there can be extenuating circumstances that prevent you from making a claim within this timeframe and these will be discussed in the article. Please note that the information below may not apply to you as all cases are not the same and legal advice should be sought to find out what avenues you have if you are trying to find out the answer to ‘can you claim after 10 years’.
Suggestions why you might have more time to claim
The time frame of 3 years is set according to the law but what you may not know is that if you were unaware that you contracted some type of illness such as asbestosis due to the negligence of someone else then you can claim for up to 3 years after the diagnosis was made. This could mean that if you were exposed to something dangerous, perhaps by an employer, 20 years ago, you can still make a claim for compensation.
In some cases, another exception applies if the person that was injured by the accident was under the age of 18 when it occurred; in this case the time frame of 3 years does not apply until the person turns 18 years old. This ruling is in place to let the person have 3 years with the mental capacity of an adult to decide whether they want to make a claim as making a claim can be a very tough decision to make and many different factors need to be taken into account.
There have been cases in the past where accidents that happened at birth were claimed for by children when they turned 18. Legally, a child is not able to take any legal action by themselves but they do have the option of appointing a “Litigation Friend” who is able to act in the best interests of the child and speak on the child’s behalf during legal action.
Another point to be aware of is that the 3-year time frame to make a claim may be able to be waived by a judge if the injured person suffers from some sort of mental disability that they need time to recover from, but this is very rare.
If you are wondering whether you can claim after 10 years, call or text Accident Advice Helpline today for all the no-obligation information you may need about the time scale of your claim. Just dial 0800 689 5659.