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 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 date of knowledge can be much later than the accident date.

For example you could injure your leg, visit hospital the same day and be told that your leg is only bruised. A few weeks later, if you return to Hospital, still in pain and are then told that your leg has been broken all along, your three year deadline would begin from the date you knew about your leg being broken rather than the date of the accident.

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 the post mortem in this case.

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.

For personal injury compensation claims being dealt with by the Criminal Injuries Compensation Authority (CICA), such as attacks or assaults a strict 2 year deadline applies.