Yes – there is a time limit in which to make a claim for compensation. The limit your claim will fall in to depends on a number of general factors; so really, the best thing you can do is speak to an injury lawyer direct to find out when the limit runs out for your claim.
As a general rule – THE QUICKER YOU CLAIM, THE BETTER! Events will be fresh in your mind, and you can get access to private medical care to help you recover quicker with a good injury lawyer on board.
How Long Do You Have to Claim?
According to the Limitation Act, for the majority of personal injury claims, you have three years from the date of the accident in which to settle your claim if the claim falls within English / Welsh jurisdiction. If you were under the age of 18 when you were injured, you normally have three years from the date of your 18th birthday to make a claim within this jurisdiction.
This is just the general rule! As I said above, speak to an injury lawyer to clarify this as the circumstances of your accident may mean a different limitation date. For example, if you have suffered a repetitive strain injury or an industrial disease, you normally have three years from the date of knowledge in which to make a claim. The date of knowledge is classed as the date you realised, perhaps through medical diagnosis, that you are suffering an injury or syndrome / disease as a direct result of negligence.
So, the general rule is that you must have settled your claim before the limitation date expires, otherwise you may what is known as statute barred from claiming meaning you may not be able to make a claim without special permission from a court.
You can protect your case by issuing proceedings at court. This is a common practice for your lawyers to do if your claim is still ongoing and the limitation date is approaching; so, if you are worried that your case may not settle before the date expires, there are measures we can take to protect your right to claim!
Differences
Firstly, as confirmed above, the content of this blog relates to claims where the jurisdiction falls within England and Wales. Foreign territories will likely have different rules applied.
There are some differences; as I have stated above, the advice in this blog is general advice and should not be taken as fully accurate for your case, as the circumstances of your injury may dictate a different rule. One common one is that a criminal injury case with the Criminal Injuries Compensation Authority usually means you only have two years from the date of the incident in which to bring your claim with them. Under Scottish law, if you were under the age of 18 when you were injured, you normally have three years from the date of your 16th birthday, not your 18th like in England / Wales law.
How Do I Know if I’m Still in Time to Claim?
The best way to find out is to contact a specialist injury lawyer for advice. In any event, the sooner you make your claim, the better. You do not want to be faced with a situation where you only have a few weeks until the limitation date for your claim expires, and most lawyers will be unable to help you on a ‘no win no fee’ basis as the date is too close and the case may not be able to be prepped in time for issuing court proceedings to protect it!
The other major, major, MAJOR benefit of making your claim as quickly as possible is that the events will be fresh in your mind, and there could be far more evidence to add to your claim. For example, witnesses may be able to provide a more detailed account of what happened, and CCTV footage may still be in existence (which most places get rid of it after 2 – 4 weeks apparently!).
With a fantastic injury lawyer on board, you will also reap the rewards of medical care that should not be at any cost to you. We, for example, provide medical private care as a standard to all of our clients if they need it. The costs of the care are either recovered from the other side or covered by insurance – so, you never actually have to pay out for it yourself; even if the case loses.
Always make sure to instruct a specialist injury lawyer working on a Genuine No Win No Fee basis. This should guarantee 100% compensation for you, no deductions, and no hidden charges. If the case loses, you should never have to pay a penny.
For essential advice to make sure you don’t miss out on your chance to claim, call us free on 0800 634 75 75 and we will do our best to help you out.
