Personal injury claims are subject to what is known in legal terms as a limitation period, which acts as a time limit within which you must start the process. Under the standard limitation period, you generally have three years to bring a claim. This three-year deadline starts from the date of the accident or injury, or the date you first became aware (or should reasonably have been aware) that your injury was related to an accident. In the latter cases, this date is often called the date of knowledge.
It's always best to start a claim within this period to make sure you don't miss your opportunity, although there are a few important exceptions:
- If the injured person was under 18 when the accident happened, the three-year time limit does not begin until their 18th birthday. This means that they have until they turn 21 to issue proceedings. A litigation friend may be able to bring a claim on their behalf before they turn 18.
- If the injured person lacks mental capacity (for example, due to a brain injury or mental impairment, whether caused by the accident or not) the limitation period does not apply while they lack capacity. If they regain capacity, the three-year period starts from this date.
In limited circumstances, the court has discretion to allow a claim to proceed outside the limitation period. This is rare and only happens when there is a very good reason why the limit was not met, so it should not be relied upon. Missing the limitation period can mean you lose your right to compensation altogether. If you’re unsure when the relevant time limit expires and you wish to make a claim, seek legal advice from the experts at Switalskis as soon as you can.