Time Limits for Injury Compensation Claims

If you have suffered personal injury in an accident caused by someone else you are likely to be entitled to financial compensation from the person or organisation responsible.

Most claims are settled out of court but for those where court action does prove necessary there is a time limits for injury compensation claims of three years from the date of the accident during which time the action must be commenced. Failure to comply with this limit means that the court has the power to refuse to allow your claim.
 
There some exceptions to the three rule such as :-

• Minors - if you were under 18 years of age at the time of the accident the three year period only commences on your 18th birthday(16th in Scotland).
• If you were not aware of the injury at the time - this frequently happens in the case of industrial diseases which may develop gradually and not become apparent for some years. In such situations the three year period runs from the time that the claimant became aware of the injury.
• Mental Disability - where the injured person suffers from a mental disability the limitation period does not commence until the disability ceases. It can be started at any time in the future if the disability does not cease.
   
  The main statute governing time limits for injury compensation claims is the Limitation Act 1980. The issue is complex however and there are situations where a shorter period may apply. Despite the three year period therefore you should contact a solicitor as soon as possible if you wish to pursue a claim.

Obviously compensation claims can be very complicated and it would be unwise to attempt to pursue a claim without professional assistance which should be provided by a solicitor with expertise in this field. Excalibur Solicitors is a specialist personal injury practice dealing with all types of injury claims such as road accidents, accidents at work, accidents in public places, medical negligence. If you have been injured in the last three years and require advice on your potential compensation claim we can provide a free legal assessment of your case if you complete our Application Form. We operate on a "No Win No Fee" basis at no cost to you.

The information in this article is designed to provide general information only. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice.