If you’ve been injured due to someone else’s negligence, you may be eligible for compensation through a personal injury claim. However, time limits, known as “limitation periods,” apply to these claims, meaning you have a set amount of time to start your claim. Missing these deadlines can prevent you from receiving compensation, so understanding these limits is essential.
Standard Time Limit for Personal Injury Claims
In England and Wales, the standard time limit for making a personal injury claim is three years from the date of the accident.
- Road Traffic Accidents: If you’ve been injured in a car accident, cycling accident, or as a pedestrian, you typically have three years from the date of the accident to issue court proceedings. For more information on road traffic accidents, visit our Road Traffic Accidents page.
- Workplace Accidents: If your injury occurred in the workplace, the same three-year limitation applies. Workplace accidents can involve slips, trips, machinery incidents, or exposure to hazardous substances. To learn more about workplace injuries, see our article on Injuries Caused by Machinery.
Exceptions to the Three-Year Rule
While the three-year rule applies to most personal injury cases, certain exceptions may extend or reduce the time limit for specific situations:
- Children
If the injured party is under 18, the three-year limitation period does not start until their 18th birthday. This means they have until they turn 21 to make a claim. However, a parent or guardian can act on their behalf before they reach 18.
- Mental Incapacity
If the injured person lacks the mental capacity to make a claim, there is no time limit while they remain incapacitated. If their mental health improves, the three-year limitation period will start from that date. A family member or appointed “litigation friend” can file a claim on their behalf.
- Fatal Accidents
In cases of fatal accidents, the three-year period typically begins from the date of accident. Family members may be able to pursue a claim on behalf of the deceased’s estate. You can find more information on this process on our Serious Personal Injury page.
Importance of Acting Quickly
While three years might seem like ample time, acting promptly is crucial for a successful claim. Gathering evidence, obtaining medical assessments, and contacting witnesses are all essential steps that can be more challenging as time passes. Early action also allows your solicitor more time to build a compelling case.
Steps to Take If You’re Unsure About Time Limits
If you’re uncertain about the time limits for your case, consulting with a solicitor is the best course of action. A legal professional can clarify the limitation period for your specific situation and help you navigate any exceptions that may apply.
At Specters, we specialize in personal injury claims and can provide guidance on your case’s timeline. Visit our Personal Injury Services page for more information or to speak with one of our experienced solicitors.
Conclusion
Understanding the time limits for making a personal injury claim is vital to ensure you don’t miss out on compensation. While the standard period is three years from the date of the incident or the date of knowledge, exceptions may apply in cases involving children, mental incapacity, fatal accidents, or delayed onset illnesses. If you’re considering a claim, act promptly and seek expert legal advice to secure your rights.
For more support or to discuss your case, make an enquiry where our team is dedicated to helping you pursue fair compensation for your injuries.
If you’d like to learn more about making a personal injury claim, you can read more of our guides below:
