Are There Time Limits To Making a Personal Injury Claim?
You should not delay making a personal injury claim as there are time limits in place which will be raised by any defendant and which will be strictly adhered to by the courts. The time limits are not always the same and therefore you should seek the advice of a personal injury solicitor** who will be best placed to advise you on time limits.
What Are The Time Constraints For Making A Claim?
The general rule of personal injury is that the claimant has to bring his claim to court within three years of the date of the accident and this is a rule set out in the Limitation Act 1980. This means that the claimant should seek legal advice well before the three year limitation so that their personal injury solicitor** has enough time to gather evidence, establish liability and negotiate a settlement (if possible) before the three year deadline is up.
There are some exceptions and variances to this rule. For example, in the case of a child a claim can be made up until three years after the child’s 18th birthday i.e. By the time the child is 21. In the case of a deceased the claim must be brought within three years of the claimant’s death. Another example is where the injury is a medical condition where the symptoms do not present themselves until many years after the disease is contracted, such as mesothelioma, which is an industrial disease caused by exposure to asbestos fibres. In these cases the three years run from the date of knowledge or diagnosis.
In some cases a claimant will only have two years in which to make a claim. This applies mainly to accidents that have taken place abroad (usually on a ship or plane) and to those claimant’s who are making claims against the Criminal Injuries Compensation Authority (cica).
To ensure that you are within time to make a claim you should meet with our Birmingham personal injury lawyers as soon as possible. They will be able to advise on whether you can still make a claim and how long you have left to do so. Plus, whether you can claim on a no win, no fee basis*
Contact our Personal Injury Claims Lawyers of Birmingham
Call us on 0800 083 8358. If you prefer you can also contact us online for more information.