Time limits for injury compensation claims

Time limits for injury compensation claims with Cooks Legal
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Legal Resources - Time limits for injury compensation claims

Time limits for injury compensation claims

If you have suffered personal injury in an accident caused by someone else you are likely to be entitled to financial compensation from the person or organisation responsible.

Most claims are settled out of court but for those where court action does prove necessary there is a time limit of three years from the date of the accident during which time the action must be commenced. Failure to comply with this limit means that the court has the power to refuse to allow your claim.

There some exceptions to the three rule such as :-

  1. Minors - if you were under 18 years of age at the time of the accident the three year period only commences on your 18th birthday(16th in Scotland).
  2. If you were not aware of the injury at the time - this frequently happens in the case of industrial diseases which may develop gradually and not become apparent for some years. In such situations the three year period runs from the time that the claimant became aware of the injury.
  3. Mental Disability - where the injured person suffers from a mental disability the limitation period does not commence until the disability ceases. It can be started at any time in the future if the disability does not cease.

The main statute governing time limits is the Limitation Act 1980. The issue is complex however and there are situations where a shorter period may apply. Despite the three year period therefore you should contact a solicitor as soon as possible if you wish to pursue a claim.

If you have suffered an injury and would like to know whether you may be entitled to compensation please complete the Application Form and we will provide a Free Legal Assessment of your claim. We will handle your claim on a No Win No Fee basis at no cost to you.

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