posted on 05 04,2018 / 8:00 am
As a general rule, if you have suffered from a personal injury accident, you usually have 3 years from when the injury occurred to make accident claims. If not, the court is allowed to refuse you the allowance to make such injury claims. This time period means you should see a solicitor as soon as possible. The time needed to make a case can be quite long. Taking your time, even if you do make injury claims within the 3-year limit, may still be detrimental to your claim.
The three year period does not apply to all accident claims. It is important to research the time limit for specific personal injury claims. For example, injury claims relating to a plane accident only have a two-year time limit.
As with any rule or law, there are almost always exceptions. The same applies in this case. Exceptions to this time limit include the fact that you may have found out about your injury much later. It can also include that you were underage when it happened or that you were suffering from mental instability.
If you only found out later, you may be able to lay your claim within three years of your knowledge of the personal injury. If you were under 18 you need to make accident claims within three years of turning 18. In terms of mental instability, you need to make accident claims on the date of when you were discharged or when the mental instability ceased. If you know someone who you think may be suffering mentally due to a third party injury, it is advisable that you seek a professional solicitor’s advice as soon as possible for this complex area of law.
The Limitation Act implemented in 1980 can give you the opportunity to make accident claims after the time limit. The court has the power to decide on this matter. You will need a convincing reason as to why you could not make the personal injury claim in time. The court will consider many aspects of your pi claim case. This includes the strength of evidence due to the period of delay. Furthermore, the reason the claim is so late and the length of time. Lastly, they will take into consideration any disability that you may have incurred due to the accident. They will also consider the opponents conduct following the accident, how you responded once you knew who was at fault and lastly, what was done in order to obtain any relevant evidence for the case. Of course, these circumstances are exceptional and rare and therefore you should rather lay your claim as soon as possible rather than delay it based on the possibility that the court may show you leeway in the future.
You can see how imperative it is to lay a claim and/or contact a solicitor as soon as possible. The sooner you lay pi claim the better and vice versa. This means you should also be asking yourself, How Can You Find a Good Injury Lawyer? The quality of the professionals you surround yourself with can have a big impact on your case.