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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

    Personal Injury Claims exceeding three years: The exceptions


    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.

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    Court discretion

    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

    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.