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TIME LIMIT TO CLAIM
The law provides that there are certain time limits within which a claim must be brought if it is to be allowed to proceed.
The basic rule is that a claim for personal injury must be brought within three years of the date upon which the injury was sustained. Different rules apply for children, clients lacking mental capacity, criminal injury compensation claims, accidents on aeroplanes and boats or outside of England and Wales.
The law requires the injured person to commence Court proceedings within this three year period and not just consult a Solicitor with a view to investigating a claim.
Where the injured person is a child, the three year limitation period does not begin to run until he or she reaches his or her 18th birthday. So, in effect, a child has until its 21st birthday to bring a claim.
Where the injured person has suffered a brain injury as a result of his or her medical treatment or where he or she suffered from learning difficulties prior to the medical treatment and, in either case, the injured person does not have the mental capacity to understand the legal process and manage his or her own affairs, there is no limit upon the time for bringing a claim.
If an adult or a child dies as a result of their accident, their personal representatives or dependants may bring a claim within three years of the date of their death.
Even if the limitation period has expired, the Court has the ability to exercise its discretion to allow a claim to proceed if it considers it is just to do so.
It is always best to investigate a claim as soon as possible after you have been in an accident. The circumstances are fresh in everyones mind and the sooner you seek legal advice, the sooner we can begin to help and secure financial assistance.
If your accident was more than three years ago, the Court can excercise discretion but you are advised to seek legal advice straight away.
