Time Limits
There are a number of limitations on bringing a personal injury action. For example, a limit on the amount of compensation you are entitled to, or when you can bring a claim. Time is important. In law, the dates by which you must bring a claim are known as the Limitation Period.
The reasons for having a limitation period are to provide certainty for everyone, to avoid stale claims and thirdly, that the wrongdoers can move on, either with their business or personal lives without fear of being pursued.
In the United Kingdom you have three years from the date of your accident in which to make a personal injury claim. For example, if you suffered an injury at work on 22 May 2009, you have until 22 May 2012 to bring a personal injury claim.
However, if legal proceedings are not issued within the three year period, the case then becomes statute barred, which means that you have lost your legal right to bring a claim, irrespective of the merits of the case.
Of course, not all injuries arise on a specific date. For example, those suffering disease through exposure to asbestos, vibratory tools, excessive noise and abuse may develop symptoms over a period of time, without immediately appreciating the either that they have developed symptoms or that those symptoms arise out of a specific cause.
In those circumstances the three year limitation period runs from the date of knowledge of the person injured. The date of knowledge is defined by reference to the date on which the victim first had knowledge of the following facts:
- That the injury in question was significant; and
- That the injury was attributable to either the act or omission of another person or organisation, which resulted in suffering.
There are also several other exceptions to this three-year limitation period, which are not so well known:
- Where the person bringing the claim has died, the three-year limitation begins from the date of death, or the date that the death was linked to the accident or exposure.
- If a person is part of the way through dealing with their personal injury compensation claim when they die, the three-year deadline begins again from the date of their death in order to allow their family to continue with the claim.
- In the case of a child, the three-year time limit starts from their 18th birthday.
- In the case of a mentally ill person, the three-year deadline will begin from the date that they are deemed to be well enough to bring the claim. However if the person is never well enough to act in their own right, there is technically no time limit for them to bring a claim.
- For personal injury claims being dealt with by the Criminal Injuries Compensation Authority (CICA), a strict 2-year deadline applies.
- For accidents that occur on or around an aircraft, a 2-year time limit usually applies.
If you want to enquire about making a claim, please contact a member of our team on 01895 207 835 or 01895 207 295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to PI@ibblaw.co.uk and one of our team will be able to help you.
