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Time Limits to bring your Personal Injury Compensation Claim
Time Limits to bring a Personal Injury Compensation Claim
In the United Kingdom, there is a standard limit of three years in which a personal injury claim for compensation must be made. If legal proceedings are not started in court within three years, the case is then time-barred or statute barred as it is sometimes known.
The three year deadline begins either from the date of the accident or from the date that you knew that your injury was linked to the original accident or exposure (whichever is latest) called the date of knowledge.
The three year deadline beginning from the date of knowledge rather than the date of accident / exposure is particularly useful in cases involving exposure to asbestos as you may not find out for decades after your exposure that you have contracted an asbestos related disease.
In fatal cases, the three year limitation begins from the date of death or the date the death was linked to the accident / exposure. For example, it may not have been known that a person had Mesothelioma until they died and the post mortem was carried out. The three year deadline would begin on the date of death or possibly the date of the post mortem.
If a person is part of the way through dealing with their personal injury compensation claim when they die, the three year deadline begins again from the date of their death to allow their family to continue with the claim.
Special rules apply for children or patients being treated under the Mental Health Act 1983. The time limit (limitation period) does not begin for these people until the legal incapacity is removed. In the case of a child, the three year time limit would begin from the date of their 18th birthday and in the case of a patient treated under the Mental Health Act 1983, the three year deadline would begin from the date they were discharged as a patient.
In cases where the injury has occurred outside the UK, the time limit for making a claim may be different. Laws differ from country to country and the time limit could be longer or shorter than the 3 year limit in the UK. If you have been injured outside the UK, you should seek immediate legal advice to avoid the risk of your case being time barred.
Compensation Claim Advice
If you or someone you know thinks they have a valid compensation claim, telephone us now for accurate claim advice.
Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a compensation claim in plain English and will be happy to answer any questions or queries you may have. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.