The golden rule is, never delay when bringing a claim for compensation. There are statutory regulations governing the time period during which actions can be brought against third party offenders. That period is 3 years from the date the personal injury or damage took place, as stated in the Limitation Act 1980.
If you’ve been injured in an accident which was not of your doing, then Accident Advice Helpline is an excellent place to start making a claim. All it costs is your time in calling the freephone line shown at the top of the page. Our expert staff will confirm the time limitation period for personal injury with you. They will check that you were blameless for the incident and that medical treatment was administered straight after. This part takes just 30 seconds, after which we’ll refer you to one of our 200 no win no fee lawyers spread across the UK.
Limitation period personal injury
They will tell you that the three years limitation period for personal injury also applies to the date diagnosis is given in work-related industrial diseases. Where a child is involved, the three year limitation period for personal injury commences from the date of their 18th birthday, which means they are able to claim up until they become 21. If they are not able to do so themselves, such as where they have suffered brain injuries and cannot communicate, a parent can represent their son or daughter in a claim for compensation. If awarded, the money can be put in an account which the injured child can access when he or she reaches 18.
Accident Advice Helpline can confirm that the limitation period for personal injury claims has to be supported by medical evidence to prove you’re entitled to compensation. So, if your injuries have healed and you didn’t see a medic since the accident, you may well have problems making a claim. The fact is, without medical evidence, you just don’t have a case to bring.
There are exceptions to the 3 year limitation period for personal injury claims, but only in very special circumstances. For example, those who are suffering from diseases and illnesses caused in their former workplace, when in retirement say, may only become aware of the harm done to them years after being exposed to airborne hazards in the work environment.
Victims of industrial illnesses
What happens then is that a ‘date of knowledge’ is enforced, which means the limitation period begins once the victim is diagnosed. Obviously there are those who are so ill that they will die before limitation period ends, which means it’s then reset from the date of their demise. The claim for compensation can then be made on their behalf by a family member, friend or loved one.
What many people don’t know is that with claims for compensation concerning accidents on a plane or ship, the personal injury limitation period is reduced to two years.
Just cause and consequence
Under the Limitation Act 1980 the court, at its own discretion, can waiver the limitation date and set a new one. Such extensions are not common and only genuine cases, with just cause and consequence, are treated this way.
If you’re not sure if you can still make a claim for personal injury contact Accident Advice Helpline. We might be able to turn those doubts into hope and ultimately success.
Date Published: 2nd March 2013