Time limit for personal injury claims

In most cases, you have up to three years from the date of an accident to make a personal injury claim, but there are some exceptions.

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personal injury time limit

How long do I have to make a personal injury claim?

If you have been injured in an accident that wasn’t your fault and want to claim compensation, you must do this within certain time limits. These time limits are defined by the Limitation Act 1980 and apply to all types of personal injury claims, including accidents at work, road accidents, medical negligence cases, and industrial illnesses.

The general rule for most accident claims is that they must be made within three years from the date of the accident. If you wait too long and this three-year period comes to an end before you start legal proceedings, you would, under most circumstances, no longer be eligible to make a claim.

Claims that are not made within the relevant limitation period are referred to as being time-barred or statute-barred. However, different time limits apply to certain types of claims, which will be detailed in this guide.

To find out what time limits may apply to your case, call 0800 470 0474 today or request a call back. You will receive a free consultation with an expert personal injury solicitor, with no obligation to proceed.

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    What is the limitation period for claiming personal injury compensation?

    Under the Limitation Act 1980, you typically have three years to make a claim after you have suffered a personal injury as a result of an accident. This time limit applies to most of the common accidents seen in compensation claims, including:

    • Road traffic accident claims, such as collisions between cars, pedestrian accidents, incidents involving bicycle and motorcycle riders or car park accidents;
    • Accident at work claims where employees are injured by machinery accidents, faulty equipment, falls from height, exposure to hazardous substances and other types of unsafe conditions;
    • Medical negligence claims that can stem from misdiagnoses, improper treatment, wrong medication, surgical errors, birth injuries or hospital-acquired infections;
    • Claims for accidents in public places, such as shopping centres, hotels, supermarkets and restaurants, including slips and trips, electrical incidents or being hit by falling objects;
    • Slip, trip and fall claims due to hazards like wet floors, uneven surfaces, objects left in walkways or poor lighting at work or in public places;
    • Sports accident claims for injuries sustained due to inadequate training, faulty or poorly maintained equipment, unsafe playing conditions or poor advice from a coach;
    • Dog bite claims for injuries caused by a dog due to the owner’s negligence.

    How do I start a claim?

    If you suffered an accident and are ready to start a claim, the first thing you should do is get in touch with a personal injury lawyer. They will offer you a free initial consultation to discuss your case and legal options. During the consultation, they will ask you a few questions about the accident and its impact on your life.

    If you can claim compensation, your injury lawyer will guide you through the rest of the claims process, which will include the following steps:

    • Establish who is the liable party in your claim;
    • Assess your injury or illness and its long-term effects and any future care needs;
    • Gather evidence to support your claim, such as medical records, photographs of the accident scene, witness statements and accident reports;
    • Send a claim notification form to the defendant to inform them of your intentions to make a personal injury claim;
    • Negotiate a fair compensation award with the other party if they admit liability;
    • Start court proceedings and argue your case before a judge if the defendant denies liability;
    • Receive your compensation award.

    Why it’s essential to claim within the personal injury claim time limit

    If you have suffered an injury due to someone else’s negligence and want to seek compensation, you should start your claim as soon as possible after your accident. This will bring several advantages, which include:

    • It ensures that you and any witnesses will remember more accurately the events that led to your accident and any essential details about it;
    • It helps ensure that crucial evidence, such as medical records, photographs, CCTV footage and witness statements, are preserved and more accessible;
    • It helps your solicitor accurately assess your injuries and understand their full impact on your life to calculate a fair compensation award for general damages;
    • It guarantees you will not miss the strict time limits for starting legal proceedings;
    • It can provide you peace of mind and help ease the stress of starting your claim, allowing you to focus on your recovery and daily life;
    • Starting a claim at the earliest opportunity may lead to a faster resolution of your case;
    • Your solicitor may be able to help you gain access to the best treatments to help with your recovery, which are not always available through the NHS;
    • They could also secure interim payments on your behalf to help you cover any financial losses and expenses you are experiencing due to your injuries. This could include lost earnings if you have to take time off work.

    What is the date of knowledge?

    In some cases, an injury or illness caused by a negligent act or omission might not become apparent until a later date. For example, a person negligently exposed to asbestos at work might develop mesothelioma many years after this exposure occurred.

    In these circumstances, there is still a three-year time limit, but this countdown does not start until the date that the claimant is first medically diagnosed with the illness. This is known as the ‘date of knowledge‘.

    Cases of medical negligence are another area where the date of knowledge may come into play. The date of knowledge in cases of medical negligence is usually the date when it is confirmed that the actions or inactions of a medical practitioner caused your injury or illness.

    As a general rule, if you have suffered from an injury or illness and you believe that somebody else was at fault, speak to an experienced solicitor as soon as possible after the accident. They will be able to provide you with the advice you need and ensure that you don’t miss out on claiming compensation that is rightfully yours.

    Can I claim compensation for a personal injury after three years?

    Under section 33 of the Limitation Act, the court can exercise its discretion to extend the limitation period if it is considered just and equitable to do so. The court may consider the following factors when deciding whether to allow a claim after three years:

    • The reason for the delay – for example, you were not aware of the injury or its severity until later;
    • The length of the delay – a shorter delay is more likely to be excused than a longer one;
    • The impact on evidence – whether the delay has affected the availability or quality of evidence;
    • The defendant’s behaviour after the cause of action arose;
    • The steps you took to obtain expert legal advice and the nature of the advice you received;
    • The court will also consider how you acted once you’ve found out you may have a valid personal injury case.

    If the court determines that it would be fair to allow your claim to proceed despite the missed deadline, you will still be able to claim compensation for your injuries after three years. However, it is important to note that you should not rely on this. The courts will only extend the personal injury time limit under exceptional circumstances.

    What happens if I don’t make a claim for compensation within the time limit?

    If you do not start legal proceedings within the allotted time limits, your case will likely be time-barred. This means that the court will dismiss your case without examining the merits of your claim, and you will lose the legal right to pursue compensation for your personal injury.

    The evidence may also degrade or become unavailable as time passes, making it harder to prove your case even if the court grants you an extension.

    To avoid these risks, it is essential to speak to a personal injury specialist as soon as possible after your accident. They will help you gather the evidence you need to start your claim promptly and prevent your case from being statute-barred under the Limitation Act.

    Are there exceptions to the three-year time limit for making a personal injury claim?

    There are some exceptions to the three-year limitation period that apply to several types of incidents and claimants. The most notable cases are detailed below:

    Time limits for accidents involving children

    If you are under the age of 18 years old at the time of your accident or illness, the rules regarding time limits for making a personal injury claim are slightly different. There is still the standard three-year time limit, but this does not begin until the day you turn 18.

    So, if you are injured in a bicycle accident when you are 14 years old, for example, the time limit for making a personal injury claim would start on your 18th birthday and end on your 21st birthday.

    If you are the parent or guardian of a child who has been injured in an accident, you can start a child injury claim on their behalf before they turn 18. Any compensation awarded to the child in these circumstances would be held in trust by the court until they reach legal maturity on their 18th birthday.

    Time limit if the claimant lacks mental capacity

    If the claimant is a patient under the Mental Health Act 1983, the three-year time limit does not begin until their disability ends and they regain mental capacity.

    If they suffer from a lifelong condition such as Down syndrome or Alzheimer’s disease, the claim limitation date is permanently suspended. This time limit may also apply if the claimant has suffered a severe brain injury or post-traumatic stress disorder (PTSD).

    In such circumstances, a litigation friend can make a claim on their behalf at any time, no matter when the accident took place. The litigation friend can be any suitable adult, such as a friend or family member.

    Time limit for claiming criminal injury compensation

    If you are injured due to an assault or other criminal act, you may be eligible to make a claim through the Criminal Injuries Compensation Authority (CICA). In these cases, the time limit for making a claim is two years from the date the criminal act occurred.

    The two years will still begin on a person’s 18th birthday if the victim is a minor, and they will have until turning 20 to start a claim. In some cases, the two-year time limit may begin from the date you reported the incident to the police.

    Time limits for claiming through the Armed Forces Compensation Claims (AFCS)

    Besides making a claim under civil law, military personnel injured while serving can also claim through the AFCS. This is a no-fault government scheme established on 6th April 2005 that pays compensation for any illness, injury or death caused by service without having to prove another party’s negligence.

    Unlike civil claims, the time limit to make an AFCS claim is seven years, starting from whichever of the following dates comes first:

    • The date of an accident causing an injury or illness
    • The date a pre-existing condition was made worse by military service
    • The date of knowledge of an injury or illness
    • The date of discharge

    Time limits under the Human Rights Act 1998

    If a public authority has violated your human rights, you could make a claim under the Human Rights Act 1998. For example, you might start a claim under this act if you were injured due to excessive force by the police or you were discriminated at work based on disability, gender or race. In this case, the time limit would be one year from the date your rights were breached.

    Time limits for fatal accidents

    If a loved one passes away due to someone else’s negligence and you are classified as their dependant, you can claim the loss of financial benefits and services expected from them. Furthermore, you could seek funeral expenses, any financial losses incurred by them before dying and a bereavement award for your grief.

    Claims for fatal accidents have a three-year time limit starting from:

    • The date of death, or
    • The date a post-mortem confirmed the cause of death

    Time limits for accidents abroad

    If you were injured while travelling abroad due to someone else’s negligence, you would still be eligible to make a claim for compensation. However, different time limits may apply based on each country’s laws, and these could be shorter or longer than in the UK. For example, you have one year to claim compensation in Spain and five years to start a claim in the Netherlands.

    Time limits for accidents at sea or on aircraft

    If you were injured at sea or on an international flight, you typically have two years to start a claim from when you left the ship or plane or arrived at your final destination. However, the standard three-year time limit applies for flights within the UK or those booked as part of a package holiday.

    Time limits for injuries caused by defective products

    For injuries caused by faulty or defective products, you can start a claim within the standard three-year time limit after an accident. However, you can no longer claim compensation if more than ten years have passed since the product was released.

    Am I eligible to make a personal injury compensation claim?

    The easiest way to find out if you can make a claim for personal injury compensation is through a free consultation with a solicitor. They will take on your claim on a no win no fee basis if the following apply to your case:

    • Another party, such as your employer, a vehicle driver or a business owner, owed you a legal duty of care;
    • They breached this duty through negligence or wrongdoing and caused an accident or incident;
    • You suffered an injury or illness as a result of that incident;
    • You are within the relevant personal injury claim time limits.

    If they take on your case, your solicitor will be able to prove a duty of care by referring to the relevant legislation. That could be the Health and Safety at Work Act 1974, the Road Traffic Act 1988 or other similar acts, depending on your circumstances.

    Once liability is established, they will help you gather the evidence you need to show how the accident occurred and how it has affected your life. They will also handle all the legal aspects of the claim on your behalf so you can focus on getting well and on your loved ones.

    To learn more about what time limit applies to your case and the importance of starting your claim within the limitation period, call 0800 470 0474 today or use our online contact form to request a call back.