Ultimately, if you have been in an accident that wasn’t your fault, it’s likely that you have a claim for compensation for any injuries and suffering. When to claim is entirely up to you. But we’d be doing you a diss-service if we didn’t let you know that there is a time limit for claiming – so, if you’re considering putting it off, you might want to think again!
In most common claims, you have three years from the date of the accident in which to make a claim. But realistically, the sooner you do it, the better! Even though you have three years, if you leave it too long, vital evidence in the hands of those responsible may disappear over time. CCTV footage is normally retained for 2 – 4 weeks at most nowadays. Witness information is always great to have – but you don’t want to risk losing touch with a witness (say, if they move address) or the witness forgetting the key information over time.
The first thing you should always do (to protect your position a great deal more!) is see your GP or attend a local walk in centre or hospital ASAP. Explain to medical staff in considerable detail how your injuries were caused. They should note the details down on to your medical records – which is great for evidence later on down the line of the claim.
You may find you need treatment – perhaps a little physiotherapy or an intense course with a chiropractor. With a good no win no fee lawyer, private medical care should come as a standard. So, if you want to avoid waiting around, claim as soon as you can to enjoy the benefits of private medical treatment at no costs to you.
I speak to the majority of our new clients here at The Injury Lawyers – and reasons for delay usually follow a linear pattern.
- I want to wait to see how my injuries progress.
- My employers are at fault, and I don’t want to end up on the redundancy list for claiming now!
- I’m not really in to claiming; I’ll think about it and perhaps do it in the future.
I will always give them the same advice: it’s understandable to be unsure and wait a little bit (in fact, it’s great to do your homework and look around for a good lawyer), but don’t put it off! Weeks can turn in to months; months in to years; and years in to missing the three year time limit to claim. We, along with many other law firms, have had to sadly reject claims from victims who realise they’re almost out of time, and try to claim just weeks before the deadline elapses. In order to protect your position, your solicitor will either settle your claim within 3 years, or issue proceedings to protect it from the limitation expiration. But it takes time to assess a case and issue proceedings; so calling a lawyer within weeks of the expiration date may leave you in serious trouble – many lawyers simply can’t take a case on with just weeks to go.
Unfortunately, you may end up without a lawyer and unable to claim.
For accidents at work, it’s important to remember that your employer has a legal duty to have an insurance policy in place to cover you for accidents. Your employer cannot sack you for claiming, or adversely affect your employment. In fact, we often find most employers are happy for you to claim from the insurance policy they have in place for this very reason!
Obviously, I sympathise with peoples worries about claiming – but there is a time limit – and missing it could leave you unable to claim.
For some injuries – e.g. a repetitive strain injury that has formed over years of overusing your back at work, due to your employer failing to provide you with sufficient training and assistance – you have three years from the date of knowledge that your injury was a result of your working practices.
For further information, don’t hesitate to get in touch. But remember – you only have three years from the date of an accident to claim in most circumstances – the sooner you make your claim, the better!
Don’t miss out!
