Time limits for bringing personal injury cases
The time limit within which a personal injury claim for compensation must be brought is three years in the United Kingdom. Legal proceedings cannot be commenced outside of this time period, as the case will be statute or time-barred.
When does the limitation period start?
The three-year limitation period begins either:
- from the date of the accident; or
- from the date of knowledge – i.e. the date the claimant was diagnosed, knew, or ought to have known, that his injury was linked to the original accident or exposure.
The date of knowledge is often a lot later than the date of the accident. For example, this is particularly relevant in personal injury cases involving exposure to asbestos, whereby it may be years or even decades after the exposure that the claimant actually finds out that he has contracted an asbestos-related disease.
For personal injury claims in respect of children, the limitation period will start from their eighteenth birthday.
The court can, at its discretion, extend the limitation period under section 33 of the Limitation Act; however, this will depend on the particular circumstances of the case and there tends to be a strict application of the limitation period by the courts in personal injury cases.
Other exceptions
In relation to fatal personal injury cases, the limitation period will run from the date of death or the date the death was linked to the accident or exposure, which can sometimes be the date of the post mortem. For instance, the deceased may not have known that he was suffering from an asbestos-related disease and it may not become apparent until it is detected in the post mortem.
If someone is a patient under the Mental Health Act 1983, the limitation period can only run from when they no longer lack legal capacity, i.e. when they are discharged as a patient under the Act.
If a person dies within the three-year limitation period, the three-year period will start again from the date of death so that the bereaved family of the deceased can bring a claim on their behalf.
In the case of a criminal assault, whereby a claim can be made to the Criminal Injuries Compensation Authority (CICA), the limitation period is two years and this can only be waived in very limited circumstances at the discretion of CICA.
When to bring a personal injury compensation claim
In the event of an accident, you should seek legal advice immediately. This is because it is important for personal injury compensation claims to be made as soon as possible, not only to avoid being statute barred, but also because it is more likely that the claim will be successful when events are still fresh in your mind and relevant information can be easily obtained. If you are unsure whether you are within the requisite time limit for making a personal injury compensation claim, you should consult a solicitor for advice as soon as possible.
- Source:
- FindLaw
Let the advisors at Contact Law, a service of FindLaw, guide you through the process of hiring a qualified solicitor to meet your specific needs:
- 5,000 solicitors objectively screened
- Secure and private service
- Expertise for your needs
- Contact Law is a service of FindLaw UK
Call 0800 1777 167
Articles
Community
Blog
