If you watch television or listen to the radio, you may often hear advertisements for injury lawyers, offering to help you get the compensation you deserve for an accident that wasn’t your fault. If you are one of the thousands of people who have had an accident at work, on the street or on the road through no fault of your own, some questions may pop into your head when you hear these adverts:
- How can I claim for my accident?
- Is the claims process complicated?
- Will I get my compensation?
Another question that many people have is whether there is a statute of limitations for personal injury claims. The short answer is yes – the statute of limitations for a personal injury is three years. So, the accident needs to have happened within the last three years for you to be able to make a claim for it. If legal proceedings are not started in court within three years, the case is time barred, also known as statute barred. However, there are a couple of exceptions.
What are the exceptions for the statute of limitations for a personal injury claim?
The deadline of three years can be extended in two cases:
The first is if the claimant was a minor at the time of the accident, as there can be doubt as to whether the claimant’s position was clear to them and whether they understood their rights fully at the time. In these cases the statute of limitations for the personal injury claim begins with the removal of their legal incapacity, when they turn 18.
The second incident where the deadline is extended is in cases of industrial diseases, such as conditions caused by exposure to asbestos. The statute of limitations for these personal injury claims begins when the claimant becomes aware the condition they are suffering from is linked to the accident or exposure.
To find out whether you have a claim for your personal injury and whether the statute of limitations affects you, call Accident Advice Helpline. Our team of highly trained and experienced advisers can provide you with all the information in confidence. There is no obligation to proceed. Alternatively, you can take our 30-second test, available through our website, to find out if you qualify. Call free on 0800 689 0500 from a landline or 0333 500 0993 from a mobile phone for free, no obligation advice about making a claim for compensation.
Date Published: 28th June 2014
Author: Jan Newell