The time limit for bringing a claim is known as the ‘limitation period’. The normal limitation period for personal injury claims is three years from the date of the accident or from the date that the person became aware of the injury. The limitation period is strictly imposed by the courts and once it has passed the claim becomes ‘statute barred’. This means the claimant no longer has the right to sue the person who caused their personal injury. Therefore it is highly important to obtain legal advice from a personal injury solicitor as soon as possible if you have been injured in an accident that was not your fault.
If a claimant has not brought their personal injury compensation claim within the three year limitation period, there are limited circumstances in which their personal injury solicitor may be able to get an extension.
If a claimant is suffering from an industrial disease, the three year limitation period will start from the date of diagnosis. Many industrial diseases, such as asbestos-related diseases, can take years to develop or diagnose. It would not be fair for these claimants to be obstructed from making a personal injury claim because of this delay. If you have been diagnosed with an industrial disease, you should speak to a personal injury lawyer as soon as possible thereafter.
If a claimant dies during the three year limitation period, the limitation period begins again from the date of their death. This allows their family to make a claim for personal injury compensation for a fatal injury.
Claimants detained under the Mental Health Act 1983 will have three years to pursue their claim once they are no longer detained under the Act and they have had their legal incapacity removed.
Section 33 of the Limitation Act gives the courts the power to extend the limitation period. The courts very rarely use this power however, and will only do so after examining the claim and the reasons behind the claimant’s failure to bring the claim within the three year limitation period. A personal injury lawyer can advise you on whether your circumstances are likely to persuade the court to extend the limitation period in your case. You are advised to speak to a personal injury lawyer as soon as possible after your accident.
- Last Updated on 29/08/2011
