Generally speaking the time limit for bringing your personal injury compensation claim is three years from the date your injury took place. This is known as the ‘date of knowledge’ and relates to when your injury took place, or perhaps when you were exposed to the toxic substances that has caused your ill health. If you are not sure if you have passed the time limit for your claim, contact a no-win, no-fee solicitor as soon as possible.
After three years has elapsed, your case will be ‘statute barred’; however there are circumstances where the three-year time limit does not apply. If you were under 18 years of age when your injury or illness began, you can wait until their 18th birthday to begin your claim. In fact, you can wait a further three years and still be able to start your claim.
In addition, there are special rules for people (adults and children) that are being treated under the Mental Health Act 1980. A person has up to three years after they are no longer defined as a patient under this Act to bring their injury compensation claim. It is important to have the correct documentation to show that you have been fully discharged before beginning your injury compensation claim.
With the level of compensation you could receive, the law divides your payment into two parts. The first part is called general damages and is subjective based on the level of injury and suffering you have experienced. Your solicitor will attempt to negotiate the best possible amount for you.
The second element of your injury compensation claim payment is called special damages. The law assigns an amount of money to a range of injuries. Again, your solicitor will attempt to gain the highest amount for your compensation, but they can’t guarantee this. Your solicitor can give you more detailed advice about compensation and the likely level your case would attract.
If you require further legal advice regarding your personal injury claim, get in touch with Contact Accident Claims today. We can help you to find the right no-win, no-fee solicitor or no-win, no-fee lawyer for your needs.
- Last Updated on 29/08/2011
