What is personal injury limitation?
If you have been involved in an accident and it is your intention to make a personal injury claim then you must be aware that there are strict rules around timeframes for the bringing of a court action following a claim.
Time limits for specific cases
In legal terms, the ‘limitation period’ is typically 3 years from the date of the accident / disease diagnosis, however, there are some instances where this can period can change:
- Criminal Injuries Compensation Agency – these types of claims are usually only allowed within 2 years of the injury, although this can be extended in certain circumstances.
- If you are not yet 18 years old, the 3 year period runs from your 18th birthday, effectively giving you until you are 21 to claim.
- In Industrial Disease claims, such as hearing loss claims, the 3 year period may not start until you become aware of the injury suffered.
- If your injury occurred on board a plane or boat, the period is reduced to 2 years.
- Contractual claims (where no personal injury has been suffered) typically have a limitation period of 6 years. Note, Russell Worth do not deal with this type of claim, except for flight delay or cancellation claims
The bottom line
If you fail to conclude your claim or issue court proceedings within the limitation period then you will almost certainly be time barred from pursuing your claim.
