How Long Do I Have to Make a Claim for Personal Injury Compensation?
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How Long Do I Have to Make a Claim for Personal Injury Compensation?
You have up to three years to claim compensation after an accident or act of negligence. There are two key exceptions to this:
- If you were a child at the time of your injury. In this case you have until your 21st birthday to raise a claim, or;
- If your injury or illness is only related to your accident after it occurs. In this instance, you have three years from the date your injury was formally linked to your accident by a qualified medical professional.
Although you have three years to submit court proceedings that does not mean you should wait to find out about making a claim, or to seek legal advice after an accident. Proving your case to a judge can be a stressful experience and one which is usually something your lawyer will only suggest after you have exhausted other avenues of negotiation without being able to reach agreement on liability or a compensation amount. Many months of work goes into a claim before it is submitted to a court, so it is best to start proceedings at the earliest possible opportunity to maximise your chances of an out-of-court settlement.
Can Children Claim Compensation?
Children cannot make a claim themselves, but a parent or guardian can claim on their behalf. You do not need to wait for a child to legally become an adult to act, especially if compensation will give them access to medical treatment that will improve their prognosis. Any compensation for a minor goes into a trust. A court-appointed trustee manages this until the child is 18.
The best action you can take is to talk to one of our advisors at The Compensation Experts.
What Happens if the Victim Dies While the Claim is Unresolved?
There are some occasions where, sadly, the claimant does not live to benefit from their claim. This is particularly common in the cases of victims of asbestos-related cancer, whose illness only became apparent decades after they were negligently exposed to the substance. If the claimant dies before their case concludes, the claim can continue, and either the deceased’s estate or next of kin will get the compensation.
If a person dies within three years of their accident then, even if they have not begun a claim, the executor of the estate has three years from the date of death to claim.
What are the Personal Injury Claim Time Limits?
While you most submit most personal injury claims to a court within three years of the act, the exceptions are criminal injury compensation and compensation for an aeroplane accident. In these cases the statutory time limit is two years.
Get in Touch
If you have any questions about how and when you can claim compensation for personal injury, contact The Compensation Experts today and take advantage of our free, no-obligation conversation.
