What is the personal injury claims time limit?

3 minutes

Carrie Tennick, December 05, 2019

Personal injury claims are there to help after something has gone wrong and you’ve been hurt. This could be the result of a car accident, a fall or an accident at work. Whatever the cause, if someone else was responsible, you could be able to make a claim for compensation.

There are time limits to doing so, though. This makes it vital that you know what they are so you can make sure you get your claim processed in time.

What is the personal injury claims time limit?

In most personal injury cases, you will have three years from the date of the accident to make a claim. This makes it hugely important to start the process as soon as you can. The last thing you want when dealing with the stress of your injury is to realise you’ve missed the deadline to obtain the justice you’re entitled to.

If you’re making a claim on behalf of a loved one who has passed away after suffering an injury, you will also usually have three years from the date of their death to make a claim.

When you decide to make a personal injury claim, it is important to submit the claim within the deadline. This is because UK courts will rarely extend this time limit. You could attempt to bring a claim after the deadline, but the person or organisation you are claiming against will probably then try to convince the court that it should not allow the extension of the time limit.

Are there exceptions to the personal injury claims time limit?

Yes, there are some exceptions to the personal injury claims time limit. This is true for children, who face different rules about personal injury claims. They have three years from the date of their 18th birthday to make a claim. This means they are free to make a claim from the date of the injury up until the date of their 21st birthday.

Meanwhile, if you are claiming on behalf of someone who lacks the capacity to claim themselves, you will not have to adhere to a time limit until they regain capacity. If they are not expected to regain capacity, you will not face any time limits when claiming on their behalf.

You are also not obliged to finish a personal injury claim within a certain amount of time. There is no time limit for claims that have begun already.

If you are suffering from an industrial illness, you may find that your condition is not diagnosed until many years after carrying out the actual work responsible. This is relevant in cases like mesothelioma, a cancer that can take 20 to 50 years after asbestos exposure to develop symptoms.

When should I begin a claim?

If you have suffered a personal injury, you should begin the process of making a claim as soon as possible. This gives you the best chance of submitting your claim within the deadline. It also allows your solicitor more time to investigate and put together the strongest possible case.

As well as getting your claim in on time, starting your claim as soon as possible means the details are clear in your memory. It also means that any witnesses or other relevant people, including medical professionals, will find it easier to recall the details of what happened.

You will likely also find it easier to access certain pieces of evidence the sooner you start your claim. Getting hold of CCTV, for example, will be easier if you begin the claim quickly. It’s important to remember that some organisations record over old footage, so beginning your claim quickly minimises the chances of having to deal with this.

Getting legal help as soon as you can means you will access the support you need quickly. Contact First4Lawyers to find out how our specialist personal injury solicitors can help you claim the compensation you’re entitled to.

Get in touch today - we can help with your claim 08005677866