Personal injury claims are subject to a so-called limitation period. This means a standard period of three years must not be exceeded before making a claim for personal injury compensation. This refers to all potential claims, including those following work accidents, road traffic accidents, or slips, falls and trips in public places. Depending on the exact circumstances and the injured individual’s situation, there are, however, exceptions to this rule. Here are some of them:
Date of knowledge of personal injury
This is essentially the date when an injured party knew or should have known that they were injured through no fault of their own. With obvious injuries on specific dates, this is comparatively easy to establish. There are, however, certain conditions and diseases that may develop gradually and are not readily visible. This is particularly the case with many work-related diseases.
In such cases, this date would be the date symptoms became visible or diagnosis was provided. In a similar manner, if you were injured by falling and were told by medical personnel that the injury was minor, but it turns out later that it was more serious, the date of knowledge would be the date the symptoms started or the date it was established that the personal injury was linked to the accident.
Injuries to minors
If you were injured in a road traffic accident or slip, trip or fall through the negligence of a third party while under the age of 18 years, the three-year limit will begin with the date of your 18th birthday.
1983 Mental Health Act
Whether you were already being treated under the 1983 Mental Health Act or received an injury by an accident requiring such treatment, the three year limitation period will not begin until you are discharged from such treatment or your disability improves or ceases.
There are also cases in which courts use their discretion to extend or override the three year period. This is, however, rare and depends on circumstances.
Claiming for personal injury compensation
Calling Accident Advice Helpline and discussing your work accident, car accident, or other type of accident with one of their friendly advisors will help to determine whether you are within the three year limitation period and eligible to claim.
Calls are free, confidential, and should be made as soon after the injury or diagnosis of an industrial disease as possible, to ensure you do indeed qualify to claim your rightful compensation. Claims will be dealt with as swiftly as possible and on a no win no fee* basis.
Date Published: October 28, 2013
Author: David Brown