Time limits in claims for personal injury
While the general time limit for personal injury claims in England and Wales is three years from the date of the accident, personal injury solicitor Dominic Hughes explains that there are some exceptions that can alter this timeframe.
This means that Court proceedings must begin before the time limit expires. It does not mean that simply contacting a solicitor a few weeks or days before the time limit expires is enough. Legal papers must be carefully prepared together with a supportive medical expert’s report before proceedings can begin.
There are some exceptions to this three-year rule:
- Delayed Discovery: If you didn’t immediately realize that you suffered an injury due to an accident, or a medical condition developed but you did not know that it was caused by someone else’s negligence e.g. an employer exposing you to harmful substances, the three-year period might start from the date when you discovered or reasonably should have discovered the injury.
- Childhood Claims: For injuries sustained during childhood, the three-year limitation period usually begins when the child turns 18. So, they have until their 21st birthday to begin court proceedings.
- Mental Capacity: If the injured person lacks mental capacity (e.g., due to a severe brain injury), the limitation period may not apply until they regain capacity.
- Overseas Accidents: If the accident occurred outside England and Wales, different time limits may apply based on that particular country’s laws.
- Industrial Diseases: In cases of industrial diseases (e.g., asbestos-related illnesses, noise induced deafness, hand/arm vibration syndrome), the three-year limit starts from the ‘date of knowledge’.
What is the ‘date of knowledge’?
This is the date that you knew, or ought to have known, that your condition was significant and was attributable either entirely or partly, to somebody else’s fault. Sometimes medical expert advice and diagnosis may be needed before you would have the necessary ‘knowledge’ for the purposes of the three-year rule.
Remember that these exceptions to the three-year rule can be complex, and it’s essential to seek legal advice promptly if you’re considering a personal injury claim. Every case is individual and often has unique aspects to it. Always consult with a personal injury solicitor to understand your particular case.
For more information on our personal injury services, please contact our specialist team now by email at [email protected] or call us on 033 3344 9602.
Author: Dominic Hughes, personal injury
