Our experts are often asked if there is a time limit for personal injury claims, so in this blog article, we are going to look at the time limits on claims for adults, children and what happens if you die before your claim is settled.
What is a personal injury claim?
If you have been involved in a road traffic accident, accident at work, illness on holiday, or a slip trip or fall in a public place that has resulted in an injury to yourself through no fault of your own then you may be entitled to compensation, provided you can prove the accident occurred because of the negligent behaviour of someone else.
How long after an injury can I claim compensation?
Whilst there are specific time limits for making personal injury claims, there is no amount of time that you need to wait before you can start your claim.
The key advantages of starting your claim shortly after the accident has occurred are that your recollection of the events will be clearer, and it will be easier to find any witnesses and if there is any uncertainty over who the claim should be made against it will allow more time to find the person responsible.
Personal injury claims for adults
The typical rule for adults who are considering making a claim for injury compensation is that YOU HAVE THREE YEARS FROM THE DATE THE ACCIDENT/INCIDENT TOOK PLACE to bring forward your claim.
If your claim has not been settled, or court proceedings have not been issued by the third anniversary of the accident then you will be prevented in law from making a claim.
There are some exceptions to this rule. If your claim resulted from an industrial accident or illness the three years does not start running until the claimant first had ‘knowledge of the medical condition which is usually determined as the date upon which a positive diagnosis was confirmed by a qualified doctor.
Also, if your injury or illness was caused by a member of the medical profession, then your claim would be classed as medical negligence and the three-year time limit may start from the time the act or omission of the medical professional treating you was identified as being the cause of your injury or illness.
Personal injury claims for children
The rules relating to children who become injured or ill because of an accident are slightly different. The three-year time limit still applies, however, rather than having three years from the date of the accident to pursue a claim, the law says that the child has THREE YEARS FROM THE DATE OF THEIR 18TH BIRTHDAY. Their claim, therefore, must have either been settled or court proceedings have been issued before the child reaches their 21st birthday.
The rule gives a choice to the parents/guardians of the injured child, to either put in a claim immediately and have any compensation awarded placed in a court fund until the child reaches the age of 18, or to wait until the child becomes an adult and let them make their own decision as to whether to pursue a claim for compensation for the injuries they sustained as a child.
The exemption to this is if an accident occurs on an aircraft where the limitation period is two years from the date of the accident.
What if I die before my case is settled?
The typical rule is that if you die within three years of the accident then the personal representative of your estate (executor, next of kin etc.) will have three years from the date you died to commence court proceedings.
How can we help?
You can rely on Knightsbridge Solicitors to guide you through your injury claim. Our experts can answer any questions you might have relating to making a claim including anything regards the time limit for personal injury claims. Contact a member of our team of personal injury specialists today on 0115 824 1700.