In Personal Injury and Clinical Negligence cases there is a strict 3 year limitation period in which to place your claim. The limit begins either from the date of your accident or from the date you knew that you had a significant injury and what caused it. Although there are limitations in place, there are some exceptions to this time limit for example:
Children: If a minor (child) is injured then the 3 year period doesn’t begin until the child’s 18th birthday, so it is likely that the limitation period will expire on the victim’s 21st birthday.
Mental Health: If a claimant is diagnosed as being of unsound mind or is being treated under the Mental Health Act 1983 then the 3 year limitation period doesn’t run during the period of incapacity.
Death: In fatal cases the 3 year limitation period begins from date of death or from the date the death was linked to the accident. If unfortunately the claimant is part way through their claim and they die, then the family of the victim are able to claim for compensation on behalf of the deceased and the 3 year limitation period begins again from the date of their death.
Criminal Attacks or Assault: Injuries caused by a criminal attack are dealt with slightly differently; any such claim has to be lodged with the Criminal Injuries Compensation Agency (CICA) within a strict 2 year limitation period.
Injuries Abroad: The time limits vary depending on where and how the injury occurred. For example, if the injury took place on a ferry, aircraft or ‘air side’ after checking in, the time limit for making a claim is generally 2 years.