Time Limits

All personal injury claims are subject to limitation period. This is referred to as Statutory Limitation.

Limitation periods under the law of England and Wales are fixed by the Limitations Act 1980.  They are defined as a period of time in which an individual can make a claim for personal injury, which in England and Wales is 3 years from the date of the accident or date of knowledge of the claim.
 
Once the limitation period has expired, a Defendant will have a strong defence against any personal injury claim made by a Claimant if a claim is pursued outside the period of limitation.

When will a Limitation Period Commence?
The limitation period commences at the time that the cause of action (accident event) becomes active for the Claimant. This time starts to run from the earliest time that the legal proceedings first could have been brought. This means that the fact, which is required to commence the claim, must be in existence before the limitation period can start to run.
 

For personal injury claims, the commencement of limitation will normally start when the accident (wrongful act) that causes injury, loss and damage to the Claimant occurs.

Other Circumstances
There are certain circumstances where the normal limitation period does not apply such as in industrial disease cases where the victims of industrial disease may only begin to be aware of their symptoms or that they were injured some years after they came into contact with or were exposed to harmful material. In these circumstances, statutory limitation commences from the date the Claimant first became aware or had knowledge of the injury caused by their exposure to harmful material (wrongful act).

The Claimant will then have 3 years from the date of knowledge to make a claim for compensation. If Court proceedings are not issued within this 3 year period, the Defendant will be able to rely on statutory limitation as a defence.

Other Time Limits:

Motor Insurance Bureau (MIB) claims
2 years from the date of an accident caused by an untraced driver.

Criminal Injuries Compensation (CICA) Claims
2 years from the date of the criminal act that caused the injury.

Mental Health
The time limitation period for anyone being treated under the Mental Health Act 1983 does not commence until their legal status as a patient being treated under the act ceases.

What if a Claimant Dies?
If a person making a personal injury claim dies during the 3 year limitation period from the date of their accident, the limitation period is extended by 3 years from the date of the claimant’s death so as to allow family members an opportunity to make a claim if they choose to do so.

Discretion by the Court
In the rarest of cases and only after reviewing all of the facts at their disposal, a Court may decide under Section 33 of the Limitation Act 1980 to extend the time limitation period.

Claims brought by Children
The limitation period for personal injury claims brought by children (minor claimants) under the age of 18 will commence when the Claimant reaches the age of 18. Therefore, the child claimant will have 3 years from when they turn 18 to pursue their injury claim for compensation, after which the Defendant will have a Defence under the Statute of Limitations.

Where next?
> Times are tough I’m going to make a claim.
> I think I’ll read a little more about Duty of Care.
> I’m rich so I don’t need compensation.