Injury Claims Limitation Period – Don’t miss out!

Most claims for compensation for personal injury in England and Wales must be brought within a 3 year period, with this time limit being known as the limitation period. This means that from the date of the accident occurring, you have three years to bring your claim. This means you must either settle the claim or issue the claim with a court within that time period.

The Limitation Act 1980 states that with regards to personal injury, that “the period applicable is three years from… the date on which the cause of action accrued; or the date of knowledge (if later) of the person injured.” (source)

If you fail to bring your claim for compensation with the 3 year limitation period, your claim may become statute barred, meaning that you may no longer be entitled to claim for compensation for the injuries you suffered.

Limitation does not always stem from the date the accident occurred – in some circumstances, limitation can stem from date of knowledge of the injuries as referred to above. For example, if you have suffered from a repetitive strain injury or an industrial disease from working in your place of work, the symptoms of such may not be instantly apparent. In these situations, Limitation is taken from the date of knowledge of an injury, which can be from when you first suffered from the symptoms or from when you first sought medical assistance.  Again, a claim can be brought three years from the date of knowledge of your injury.

Those that are injured as a child can normally bring a claim for compensation once they reach the age of 18, having 3 years from the date of the their 18^th birthday to do so. Therefore a claimant has three years from age of 18 to 21 to bring their claim.

If a child is injured in an accident that wasn’t their fault, they are entitled to bring a claim for compensation sooner, but this must be done on their behalf by someone called a Litigation Friend. Children in the eyes of the court are not deemed to be responsible or capable to bring their own claim.

In some circumstances, limitation can be different. With regards to a CICA (Criminal Injuries Compensation Authority) claim, they must be brought in a period of 2 years from the date of assault or attack. CICA claims also have strict guidelines by which a claim can be brought; the incident must be reported to the police as soon as reasonably possible and medical attention must be sought – normally within 48 hours of the incident.

If the accident you suffered happened in a foreign jurisdiction which was outside the UK, the period of limitation could be vastly different. In some European countries, the period of limitation varies vastly, with limitations varying from 1 to 10 years.