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. With personal injury time limits, the general rule is that the claimant has to make a claim within three years from the date of the accident or the date of death (if bringing a claim on behalf of a deceased).
Regarding ill-health, like with industrial disease, the date of knowledge of the illness, either by the appearance of symptoms, or, being diagnosed by a medical professional. This commonly occurs in industrial diseases cases such as vibration white finger and mesothelioma, where the disease can present itself after the event.
Exceptions to the Standard Personal Injury Time Limits of Three Years
If your injury is a result of a criminal act, you need to lodge a claim with the criminal injuries compensation bureau (CICB). The personal injury time limit here is only 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 assistance. A claimant should therefore ensure that he or she obtains legal help 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. This 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. 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 for Manchester
There are hundreds of solicitors in Manchester, and you need to make sure that you choose personal injury solicitors you can depend on. Call our accident solicitors** on 01615 168 871^ or contact us online.