Compensation for personal injury claims offers financial recompense for injury and loss when a person is injured through no fault of his or her own. To get the compensation you expect, you have to prove that another party was at fault for your injury and make a claim against that party. Before making the claim, you should know that it must comply with certain time limits.
The standard period for commencing legal action for a personal injury claim is limited to three years. If you fail to begin the necessary proceedings within this time frame, the claim becomes time-barred, which means that you cannot get your compensation any more.
Essential details regarding the limitation period
The three-year limitation period starts to run from the date of the injury. A few exceptions to this rule depend on the nature and circumstances of the injury. Since the rules regulating these exceptions are very complex, it is vital to seek expert legal advice to verify whether they apply in your situation or not. To be on the safe side, approach a personal injury attorney as soon as possible if you think you are entitled to claim compensation for injuries.
Limitation period for accident compensation
Regardless of the accident or injury you suffered, be it accident at work, traffic accident, slip, trip, or fall on a private or public property, or development of an industrial disease, the three-year period starts from the date you got injured or developed the first symptoms. For industrial disease claim, the date when your condition was diagnosed should appear on your medical record to be entitled to compensation.
For assault cases, the law stipulates a time limit of two years, starting with the date of the incident. If you have been assaulted, you must lodge a claim within this period. If you submit the claim after two years, it may get rejected.
Limitation period for medical negligence claims
You have three years to file a malpractice claim. In exceptional situations, such as the ones listed below, the court may apply discretion.
Exceptions to the rule
Although strict time limit rules apply to all personal accident compensation claims, there are several exceptions. For instance, time limits start to run only after a child reaches 18 years of age. Additionally, time limits do not run against persons with impaired mental capacity. Also, if severe injuries prevent a person from filing an injury claim within three years, the court may agree to extend the term. However, since the family of the victim is able to file a claim for injury compensation on behalf of the victim, the court may decide not to extend the term. Even if one of these exceptions applies to your case, do not play with time – get advice from an experienced personal injury attorney as soon as possible.
If you are the victim of an accident, it is imperative to contact a knowledgeable professional right away. One thing you can do is approach the Accident Advice Helpline, where injury claim experts are able to establish which party is available to claim against and start legal proceedings to help you not only to claim, but also to get rightful compensation for the injury you suffered.
Date Published: September 24, 2013
Author: David Brown