What is the personal injuries claim time limit?
We specialise in helping victims of injury claim the compensation they deserve
What are the personal injuries claim time limit?
In short, the personal injuries claim time limit is a frequent question for The Compensation Experts.
We understand that claiming compensation may not be at the top of your to-do list if you are recovering from an accident that wasn’t your fault. With worries about your health and missing work, you might feel like you have enough going on without starting a claim. However, our experience has shown that clients who seek legal advice as early as practicable find it easier to obtain compensation than those who wait.
Even if you are not ready to make a claim yet, talk to The Compensation Experts today. Our trained legal advisors can give you the information you need so that when the time comes, you’re ready.
What is the Time Limit for Making a Personal Injury Compensation Claim?
In most instances, there is a three-year time limit to make a claim for compensation for personal injury. This time is calculated from the date your accident happened, or the date your injury or illness was linked to your accident or poor working conditions – whichever date is later. This time is called the date of knowledge.
Three years is not the date by which your claim needs to be finished, but the date by which you need to have submitted your request to a court. Doing this is usually a last resort – something your personal injury solicitor will only after negotiations have broken down and they have exhausted every other attempt to settle your claim.
Exceptions to the Three-Year Rule
There are some notable exceptions to personal injury claims which need to be submitted to a court within three years.
- If you are under 18-years old at the time of the accident. In this instance, you have until your 21st birthday to make a claim, or a parent or guardian can start one at any point up until your 18th birthday
- If an injury proves to be fatal, in which case the time starts either from the date of death or when the cause of death was linked to the accident or exposure (for example, with asbestos-related cancer)
- Criminal injury compensation claims have a two-year statute
- Patients being treated under the Mental Health Act 1983 who are deemed to be legally incapacitated and unable to initiate a legal process. They can either have a guardian begin a claim on their behalf or, if they are discharged as a mental health patient, can initiate a claim within three years of their date of release.
Compensation Claims and Trusts
Any payment from a compensation claim made on behalf of a client who is legally incapacitated, either due to their age or their mental health, goes into a trust and managed on their behalf. The funds are either held in savings until they reach 18 or are discharged from mental health care, or they are used to cover the cost of a victim’s additional medical and living expenses.
The lawyers we work with at The Compensation Experts know that your claim is likely to have a faster and more positive outcome if you start it as soon as possible. Witnesses are more accurately able to recall events and provide a stronger statement, and other evidence is easier to obtain.
Call today, or fill in our online contact form and one of our legal advisors will be happy to talk to you about your situation in a free, no-obligation consultation.
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.Find out more
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.Find out more
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be keep up to date every step of the way.Find out more