What Is The Personal Injury Limitation Period?
When it comes to personal injury claims, it’s vital that you start the claims process within the personal injury limitation period. The personal injury limitation period is a legal time limit that is applied to filing claims and is stated in the Limitation Act 1980.
When an eligible claim arises, this legislation states that the claimant has 3 years from the date of injury to make a personal injury claim.
If the claimant fails to file a claim within this 3-year window, their claim will be registered as time-barred even if the case had eligibility. Notably, if you’re prevented from claiming because of circumstances outside of your control, the courts may be at liberty to provide a time extension. However, it is vital to file your personal injury claim as soon as possible, so you don’t run out of time.
If you want to know more about the personal injury limitation period, please speak with one of our advisors, call us on 0800 408 7826 or Contact us online
Frequently Asked Questions
- Is The Time Limit Different For Children’s Claims?
- The Time Limit For Vulnerable Adults
- Fatal Accident Claims Time Limit
- Can Extensions To The Limitation Period Be Granted?
- Why Is It Important To Begin A Claim Early?
- Will A Claim Have To Be Settled Within The Personal Injury Limitation Period?
- How Can Our Panel Of Solicitors Help Your Claim?
- Learn More
Is The Time Limit Different For Children’s Claims?
Yes, the time limit is different for children’s claims, and this is because the child is too young to begin the personal injury claim process independently. As a result, they will have to wait either until they’re 18 years old to claim or have a litigation friend claim on their behalf.
This role is typically taken on by a family member who will act as a representative in making decisions and communicating with the solicitor. The function of the litigation friend is for a trusted individual to claim on the child’s behalf while the time limit is paused. Notably, the litigation friend will have the child’s best interests in mind at all times whilst filling this appointed role.
If a litigation friend doesn’t claim for the child while the limitation period has been paused, the child can claim independently once they turn 18. They will have until their 21st birthday to file a personal injury claim.
If you’re still wondering what a litigation friend is or you have questions regarding the personal injury limitation period, please chat with one of our friendly advisors.
The Time Limit For Vulnerable Adults
The time limit for vulnerable adults who lack mental capacity is similar to children’s claims, as the adult will not be able to claim independently, and a litigation friend can claim on their behalf.
The distinction between children and vulnerable adults claiming independently is that the adult can only claim and manage their own affairs if they regain mental capacity, if they ever do.
Simply put, if the vulnerable adult has not recovered their mental capacity, a litigation friend can claim on their behalf. If they have made a full recovery from a brain injury, for example, they can claim on their own.
If you would like to know more about the personal injury limitation period and vulnerable adults, please reach out to us today.
Fatal Accident Claims Time Limit
In the event that you lose a loved one because of a third party’s negligence, you may be able to make a fatal accident claim. The time limit to start a claim for a wrongful death is 3 years, which can run from:
- The date your loved one passed away
Or
- The date of knowledge can be formed from the date of an inquest or the date of a postmortem
Fatal accidents can be claimed for by the estate of the deceased and the dependents.
To learn whether you could make a fatal accident claim or if you have any questions regarding the personal injury limitation period, please connect with our advisors over the phone, online or in our live chat.
Can Extensions To The Limitation Period Be Granted?
Yes, courts can grant extensions to limitation periods in certain circumstances, but it’s not a routine occurrence and is down to the court’s discretion.
The factors which influence extensions are:
- The nature of the claim
- The reasons for the delay
- The impact of the defendant
- Courts may consider it “just and equitable” to grant an extension
- How strong the claim is
Please note that it’s rare for courts to grant time extensions, and specific criteria and considerations will be investigated, as per Section 33 of the Limitation Act 1980.
If you’d like to find out more about the personal injury limitation period and court-approved time extensions, please call us today.
Why Is It Important To Begin A Claim Early?
It’s important to begin a claim early because of the following reasons:
- You can gather ‘fresh’ evidence soon after the incident
- An early investigation typically results in a more accurate assessment
- You’ll receive both compensation and any necessary treatment faster
- Your claim won’t be at risk of being time-barred, and you’ll have more than enough time to navigate any delays or obstacles
- You will have reduced stress levels because you have plenty of time to claim
These are only a few benefits of claiming early within the personal injury limitation period. Get in touch to find out more.
Will A Claim Have To Be Settled Within The Personal Injury Limitation Period?
No, a claim does not have to be settled within the personal injury limitation period, as some claims may take longer depending on the details and the complexity of the case. However, you do need to start the claims process within the personal injury limitation period.
Please find below some examples of claims that might not be settled within the personal injury limitation period:
- Claims where mistakes have been made during the process
- Complex claims
- Claims involving a severe injury or several serious injuries
- Claims with incomplete information
- Claims where the liable party denies being at fault
- Claims involving multiple parties
- Claims that end up in court
If you have any questions regarding the above claim examples or the personal injury limitation period, please reach out to us today.
How Can Our Panel Of Solicitors Help Your Claim?
We encourage you to seek legal advice. Our panel of solicitors has years of experience behind them, and they are dedicated to providing expert and tailored advice to every client. We are familiar with all the circumstances that can occur in personal injury cases. Our panel provide their legal support via a contract known as a Conditional Fee Agreement (CFA).
CFAs come with several benefits:
- No need to pay upfront costs for solicitors’ fees
- No need to pay solicitors’ fees if your claim fails
- No need to pay for solicitors’ fees while your claim is ongoing
If your personal injury claim wins, you will pay something called a success fee for your solicitor’s work. This is paid to your solicitor directly out of your compensation as a legally capped percentage, as outlined in the Conditional Fee Agreements Order 2013.
Alongside the benefits of a CFA contract, our panel of solicitors provide a long list of support services to clients to alleviate stress during the claims process. Please find some examples of the services offered below:
- Tell you the likelihood of your claim winning
- Evaluate an accurate compensation figure
- Represent you in court proceedings and negotiations
- Collect evidence for you, including witness statements
- Follow instructions precisely and meet all deadlines on time
- Get you access to medical treatment
- Arrange an independent medical assessment to assess the extent of injury
- Draft the Letter of Claim to begin the claims process
- Speak with the defendant’s solicitors regularly and keep you in the loop at all times
- Secure a capable barrister to handle your personal injury claim if it ends up in court
We know how difficult the claims process can be while navigating an injury. We’re here to help make things easier, so you can focus on the things that matter, like your recovery and being around those you love. Let us handle the tricky bits. Get in touch with our friendly team of advisors today using the contact details below:
Contact Our Advisors
- Call us on 0800 408 7826
- Contact us online
- Talk to us using our live chat
Learn More
Some more personal injury guides by us:
- Did your accident happen in a public space? Read our guide on public liability claims.
- Read our guide on minor injury claims.
- Has your injury had a significant impact on your life? Read our guide on serious injury compensation.
- Or, take a look at our glossary page to learn more about important legal terminology
Some additional reading:
- Request CCTV footage of yourself from GOV.UK.
- Familiarise yourself with the details of Statutory Sick Pay (SSP).
- Learn how to navigate sprains and strains from the NHS.
We hope you found our guide on the personal injury limitation period useful.
