Understanding the Legal Limitation Period for Personal Injury Compensation Claims
Posted on 19th March 2024
When you contact our personal injury solicitors in relation to making a claim for personal injury, the first question we will ask is, how did the accident happen? The second question our No Win No Fee Solicitors will need to ask is, when did the accident happen? This is often the date of the incident that caused your injury, or, in some cases, the date when you became aware of the injury occurring due to the incident. Collectively, these terms are known as the date of knowledge. Under the Limitation Act 1980, which applies to personal injury claims in England and Wales, it’s crucial to be aware of the legal time limits on making a compensation claim, and when the clock starts ticking.
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General Limitation Period
For most personal injury claims, including cases of medical negligence, the standard limitation period is three years. This means you generally have three years from the date of the incident causing the injury, or from the date when you first became aware of the injury, to start a claim. This is to ensure that claims are made while evidence is still fresh and available, and all parties are, theoretically, more easily traceable and able to recall the facts of the incident during this time.
Exceptions and Special Circumstances
Date of Knowledge:
If the injury was not immediately apparent, the three-year limitation starts from the date when you first became aware of the injury, which could be later than the date of the incident. This is often relevant in cases of medical negligence where symptoms or complications develop over time, or in cases of care home negligence, where you may not be aware of your loved one’s injuries until these have been occurring over time.
Fatal Accidents:
If the personal injury results in death, close family members may have three years from the date of death or from the date of knowledge of the cause of death to make a claim. This timeframe applies provided that the original three-year period has not expired during the deceased’s lifetime. For example, if the deceased was aware of the injury causing their death before they died, this can trigger the limitation period sooner.
Child Claims:
For individuals under the age of 18 when the injury occurred, the three-year limitation period does not start until their 18th birthday, giving them until their 21st birthday to make a claim. If a claim is not made on their behalf before they turn 18, they can start the claim themselves once they reach this age. Alternatively, a parent or legal guardian can claim on behalf of the child during their minority.
Mental Capacity:
There is no time limit to start a claim for someone who lacks the mental capacity to make a claim themselves. However, if they regain capacity, the three-year countdown starts from that recovery date.
Armed Forces Compensation:
For armed forces personnel, there is generally a seven-year limitation date for injuries sustained during military service, but this varies based on specific circumstances and types of injury, such as mental health issues.
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What Happens If You Miss the Limitation Period?
If a claim is not started within the relevant limitation period, it is typically considered ‘statute-barred’, meaning it cannot proceed in court. However, there are rare exceptions where the court might extend the time limit, especially if there is a significant reason for the delay in making a claim. However, these exceptions are rare, and it’s important that you act promptly and seek legal advice as soon as you become aware of the potential for a claim.
Seeking Legal Advice
It’s crucial to seek advice from a No Win No Fee Solicitor specialising in injury compensation claims at the earliest opportunity to ensure that you understand the specific time limits applicable to your case. They can guide you through the process and help ensure that your claim is filed within the appropriate time frame, to prevent your compensation claim from being statute-barred.
Why choose MG Legal Solicitors?
Transparent fees.
Our solicitors offer their services on a clear fixed-fee or hourly rate, and accept personal injury claims on a no win no fee basis.
We are the experts.
Here at MG Legal, our team of friendly solicitors are fully-qualified and have over thirty years' experience in helping clients just like you.
Regular communication.
When you work with MG Legal, your solicitor will be in regular contact so you have step-by-step updates.
Multiple office locations.
If you are looking to instruct our solicitors, we have offices in Garstang, Longridge, Lancaster, and Lytham for your convenience.
In summary, understanding and complying with the limitation periods set out by the Limitation Act 1980 is vital for personal injury claims to successfully proceed. If you believe you have a claim, consult with a legal professional, such as our No Win No Fee Solicitors, without delay to discuss your case and ensure that your right to compensation is preserved.
To speak with the experts, call 01772 783314 or email details of your injury to injury@mglegal.co.uk.
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