Limitation to Claim – Is Time Running Out?

IMPORTANT: the advice in this blog is for general information only. Do not use this guide for confirming exactly when your limitation date is. You should speak to a qualified expert injury lawyer to confirm when the limitation to claim will expire.

When thinking about bringing a claim for personal injury the first thing on your mind may not be, “how long ago did this happen?”

However, personal injury claims in the UK are subject to strict time frames as outlined by the Limitation Act 1980. Failure to bring a claim within the time limits set out by this Act may mean that the only way around the rules is to get special permission from the courts – easier said than done!

Limitation for most personal injury cases is 3 years from the date of the accident or incident which caused the injury (e.g. if you fell and hurt your knee on the 5^th June 2012 you wouldn’t be able to bring a claim after the 5^th June 2015 – generally speaking).

However, things are not all that they seem; what if there is no accident or incident which suddenly brought about an injury? For instance a factory worker (let’s call him Dave) who develops a Repetitive Strain Injury (pain and swelling in the muscles perhaps) through having to lift heavy loads with improper training or being made to follow an unsafe working practice. Dave’s injuries have been caused gradually over time and it is impossible to fix an exact date on when he developed his injury. Fortunately the Limitation Act has this situation covered, if Dave went to see his GP and was told that his pain was caused by his working practice then this would be classed as a “date of knowledge” and could be taken as the starting point for working out the 3 year limitation period. So, if Dave saw his GP on 20^th July 2012 and was given the information about his work causing his pain, he would have until 20^th July 2015 to bring a claim – generally speaking.

Claims by children are also different under the Limitation Act – under 18’s are not normally able to claim compensation by themselves; however, if they suffer an injury that they could bring a personal injury claim for, their limitation normally begins at their 18^th Birthday. So, if a child was injured on their 14^th birthday on the 5^th August 2012, they would be 18 on the 5^th August 2016 and would have until 5^th August 2019 to bring a claim. Although this is ok it is much more common for a parent or guardian to bring the claim for the child as a litigation friend with any compensation being held in a trust fund until the child’s 18^th Birthday.

This is all well and good in England and Wales, but what happens overseas? If you should have an accident while travelling abroad (i.e. an accident while the plane is in flight or the boat is at sea) then the limitation is reduced to only 2 years. The good news is that if your claim falls within the Package Holiday Regulations – legislation covering the sale and administration of package holidays – then the limitation period is 3 years as if you were in the UK.

Sometimes the limitation comes with extra rules as well; the Criminal Injuries Compensation Scheme provides compensation for the innocent victims of violent crime but limits the time to claim to 2 years and only if the person making the claim has reported the incident to the police and received medical attention within 48 hours of becoming injured.

If you are thinking of bringing a claim then it is always best to make sure that you are within these time limits, as with most things the early bird catches the worm, so why wait? Call us now on 0800 634 75 75 today.