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How Long Will You Wait Before Claiming?

By September 4, 2013General
How Long Will You Wait Before Claiming?

How Long Will You Wait Before Claiming?Wherever you are or wherever you go, there is a chance you could get hurt. Whether you are driving down a motorway or working in your office, no matter how safety conscious you are, there is always that slight chance you can be involved in an accident.

If you are involved in an accident that renders you useless for work, whether it be an RTA (road traffic accident) or a sports injury, don’t wait around for any help – you need to get in touch with a compensation claim as soon as possible.

In the UK, there is a standard limit of three years in which a personal injury claim for compensation must be made. If legal proceedings are not started in court within three years, the case is then time-barred (or statute barred as it is sometimes known).

The three year deadline begins either from the date of the accident or from the date that you knew that your injury was linked to the original accident or exposure (whichever is latest) called the date of knowledge.

The three year deadline beginning from the date of knowledge rather than the date of accident is particularly useful in cases involving exposure to asbestos as you may not find out for decades after your exposure that you have contracted an asbestos related disease.

In fatal cases, the three year limitation begins from the date of death or the date the death was linked to the accident / exposure. For example, it may not have been known that a person had Asbestosis until they died and the post mortem was carried out. The three year deadline would begin on the date of death or possibly the date of the post mortem.

If someone is part of the way through dealing with their personal injury compensation claim when they die, the three year deadline starts over again from the date of their death to allow their family to continue the claim.

There are different rules for children or patients being treated under the Mental Health Act 1983. The time limit does not begin for these people until the legal incapacity is removed. In the case of a child, the three year time limit would begin from the date of their 18th birthday and in the case of a patient treated under the Mental Health Act 1983, the three year deadline would begin from the date they were discharged as a patient.

In cases where the injury has occurred outside the UK, the time limit for making a claim may be different. Laws differ from country to country and the time limit could be longer or shorter than the three year limit in the UK. If you have been injured outside the UK, you should seek immediate legal advice to avoid the risk of your case being time barred.

Here at Personal Injury Claims Scotland, we have nearly 30 years of experience in dealing with compensation claims.

We are no win, no fee specialists.

If you, or anyone you know, have a claim then don’t hesitate to contact us; our local advisors are here for advice and assistance.