Are There Time Limits to making a Personal Injury Claim?
The general rule is that claimants must bring their claims to court within three years of the date of the accident and this is set out in the Limitation Act 1980. This means that the claimant should seek legal advice well before the three year limitation so that your personal injury solicitor** in Sheffield has enough time to gather evidence, establish liability and negotiate a settlement (if possible) before the end of the three years.
Personal Injury Claims – Time Constraints
There are some exceptions to this rule. For example, in the case of a child a claim can be brought up until three years after the child’s 18th birthday i.e. before the child turns 21. In the case of a deceased the claim must be brought within three years of the claimant’s death. Where the injury is a medical condition and the symptoms do not present themselves until many years after the disease is contracted (which is often the case where industrial disease cases are concerned such as mesothelioma; caused by exposure to asbestos), the three years begins from the date of knowledge, which is usually the date the symptoms appear and the condition is diagnosed. In some cases the claim must be brought within two years. This usually applies to accidents that have taken place abroad and to those claimant’s who are making claims against the Criminal Injuries Compensation Authority (CICA).
As you can see the time limits are not always the same and therefore you should seek the advice of one of our personal injury solicitors** in Sheffield as soon as possible who will be best placed to advise you on time limits.
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