Personal injury advice from
Thompsons Solicitors
Time Limits to Bring Your Claim
Q. What is the time limitation period for making a claim?
Q. Are there any exceptions?
Q. Where can I obtain advice?
Q. What is the time limitation period for making a claim?
A. For most personal injurycases, there is a time limit within which any claim for compensation must be brought. This is known as the limitation period. For those over the age of eighteen, this period is three years from the date of the accident (or date that an industrial disease was diagnosed). For children the three year period begins on the date of their eighteenth birthday.
If this period expires and no proceedings have begun, the case will become what is known as ‘statute barred’. This rule comes from the Limitation Act 1980.
In every case, it is always best to seek legal advice at the earliest opportunity, when events are still fresh in your mind and information is easily available. Pursuing your case may be more difficult if the accident occurred a long time ago. Your lawyer will also need a certain amount of time to compile the necessary evidence in order to begin proceedings, so it is important not to leave it too late. In every case, medical evidence will be required. Detailed expert evidence is often also required in industrial disease cases to show that the condition suffered was caused by exposure to a particular substance.
The limitation period for criminal assault cases is two years and is not flexible under any circumstances, to the extent that the two year period for example will not be suspended to start from the 18th birthday of a child. It is for the parents or guardian to lodge an application for compensation within the relevant period.
Q. Are there any exceptions?
A. There are certain circumstances under which a claim may be made after the normal limitation period has expired. For example, most victims of industrial disease only begin to show symptoms and know that they have been harmed many years after exposure to a hazardous substance. In these cases the ‘date of knowledge’ becomes relevant, and the date when a person was diagnosed or realised or ought to have known that they were suffering from an illness is the date that the three year period begins.
If a claimant dies within the basic three year limitation period, it becomes extended to three years from the date of their death. This is to make it possible for bereaved relatives to make a claim on their behalf.
For patients under the Mental Health Act 1983, the time period does not begin until they cease to be a patient under the act and their legal incapacity is removed.
Accidents that occur whilst on board an aeroplane or ship will usually be subject to a shorter time limitation period of 2 years. This does depend upon the circumstances however, so it is important to consult a specialist lawyer as soon as possible.
The court is also able to extend the basic three-year limitation period at their discretion under section 33 of the Limitation Act. They only do so very rarely after examining a case and taking all the circumstances into account.
Where there is a criminal assault, the Criminal Injuries Compensation Authority may consider the application for compensation outside the 2 year time limit from the date of the assault period only where they consider this to be reasonable and only ‘in the interests of justice to do so’. They exercise this discretion very sparingly.
Q. Where can I obtain advice?
A. The Legal Line's specialist personal injury lawyers are experts in all types of personal injury claim and will be able to advise you of any limitations that apply to your case. They can provide specialist guidance and assistance at every stage of your compensation claim to ensure the best possible outcome.
Contact us today on 0800 032 8511 for accident claim advice, or by completing a compensation claim enquiry form online.
Contact us
Testimonials
"It wasn't realistic for me to work any more and the loss of my income placed an additional strain on us."
Jane Evans
Mother of Rebecca
Personal Injury News
