Had an accident a while ago? Were you too apprehensive about making a claim in the immediate aftermath of the accident?
This scenario is fairly typical example for many people who have suffered injuries as a result of a road traffic accident, a trip or slip in a public place or an accident at work as many injured victims are too nervous and apprehensive to make a claim for personal injury following an accident. In my opinion this is especially the position with accidents at work against, possibly because employees are scared of claiming against an Employer even though Employers have Compulsory Insurance cover. I find it can be some months or even years before Clients even make that first call to lawyers to discuss the possibility of making a claim, despite misleading press reports about there being a ‘compensation culture’.
In my opinion you should call a lawyer as soon as possible following an accident as it is important that your lawyer gathers any evidence in support of your claim (e.g. Witness Statements etc) before that evidence gets lost in time.
So, how long do you have to make a claim for personal injury?
The short answer is 3 years. This is the general rule only. There could be a shorter or longer time limit depending on the type of the accident.
The time period that you have to pursue a claim is set out in the Limitation Act 1980!
You should always check the limitation period with a Lawyer as you may have a different time limit apply to your case.
The Limitation Act 1980 sets out that the time limit is from:
- The date on which the cause of action accrued e.g. date of the road traffic accident; or
- The date of knowledge (if later) of the person injured. (This point is more common in cases of clinical negligence or industrial disease.)
The clock ‘stops ticking’ as soon as legal proceedings are issued in the courts. That means that you rclaim either has to be issued or settled prior to the expiration of the Limitation period.
REMEMBER, as there is with everything in life, there are exceptions to the 3 year rule – You might have less or a longer time to make a claim so call a Lawyer – Most will give you free legal advice and be able to instantly advise you whether you can still claim.
