Are There Time Limits To Making A Personal Injury Claim?
There are very strict time limits on making a claim for personal injury and this is known as the limitation period. The limitation period is contained within the provisions of the Limitation Act 1980. For personal injury claims the general rule is that the claimant has to make a claim within three years from the date of the accident, the date of death (if bringing a claim on behalf of a deceased) or the date of knowledge of the illness either by the appearance of symptoms or being diagnosed by a medical professional (common in industrial diseases cases such as white finger vibration and asbestos and mesothelioma cases where the disease can present itself after the event).
If your injury is a result of a criminal act and you would like to lodge a claim with the criminal injuries compensation bureau (CICB) then you only have two years from the date of the incident to make a claim.
By “bringing a claim” we mean that the claim has to be filed at court within three years and not the claimant seeking legal advice. A claimant should therefore ensure that he or she obtains legal advice well before the three years are up.
There are some exceptions to this rule. For example, if the claim involves a child then it can be made within three years of the child’s 18th birthday i.E. Before the child turns 21.
If you are out of time for making a claim then you will only be successful if you have the permission of the court (which will only be granted in limited circumstances) or the defendant agrees not to raise limitation as an issue (very unlikely). If you miss this time limit for making a claim to the CICB then you may still be able to bring one but it is rare for it to be accepted and will be up to the discretion of the CICB.
The rules around limitation can be complex and therefore you should speak with our personal injury solicitors** in Manchester as soon as possible after your accident to make sure that you do not find yourself in a position where it is too late to bring a claim.
Personal Injury solicitors Manchester
There are thousands of solicitors Manchester and you need to make sure that you choose personal injury solicitors you can depend on. Call our Accident solicitors** on 01618855335 or contact us online.