Legal time limits may affect your right to claim compensation, so taking action at the right time is important.
If you have been injured in a road traffic accident, an accident at work, a slip or fall, or another incident caused by someone else’s negligence, you may be entitled to seek compensation.
However, having a potential claim does not mean you can wait indefinitely before taking action. Personal injury claims are subject to legal time limits, and missing the applicable deadline could mean losing the opportunity to pursue compensation.
The Three-Year Rule
In England and Wales, the Limitation Act 1980 provides the main legal framework governing time limits for personal injury claims.
For many personal injury claims involving negligence, court proceedings generally need to be started within three years of the date on which the cause of action arose or the injured person’s “date of knowledge”, if later.
This is why it is important not to assume that you have unlimited time to decide whether to make a claim.
Citizens Advice also advises people considering a personal injury compensation claim to seek legal advice as soon as possible because strict time limits apply.
Different Circumstances Can Mean Different Rules
Although three years is the general limitation period for many personal injury cases, it should not be treated as a universal deadline for every claim.
Different rules or exceptions may apply depending on the circumstances, including cases involving children, people who lack mental capacity and certain other categories of claims.
The way the limitation period is calculated can also depend on when the person became aware of the injury and its connection with the alleged negligence.
For this reason, it is important to obtain advice based on the specific facts of your case rather than relying solely on the general three-year rule.
Delays Can Also Affect Your Evidence
Legal deadlines are not the only reason to act promptly.
As time passes, important evidence may become more difficult to obtain. CCTV footage could be deleted, witnesses may become difficult to locate and memories of the incident can become less clear.
Documents, photographs, accident reports and other records may also become harder to recover.
After an accident, try to preserve relevant evidence. Keep photographs of the accident scene and your injuries, medical records, receipts, correspondence, witness contact details and evidence of any loss of earnings or other financial losses.
Early Legal Advice Can Help Protect Your Position
Starting the process early gives you more time to understand your legal position, collect appropriate evidence and identify the deadline that applies to your particular circumstances.
If you have suffered an injury and believe another person, employer, business or organisation may have been responsible, obtaining professional legal advice can help you understand your options.
Miya Solicitors provides professional legal support throughout the compensation claims process, helping you understand your rights, identify relevant deadlines and manage your claim from beginning to end.
Sources:
UK Legislation – Limitation Act 1980:
https://www.legislation.gov.uk/ukpga/1980/58
Citizens Advice – Claiming Compensation for a Personal Injury:
https://www.citizensadvice.org.uk/law-and-courts/claiming-compensation-for-a-personal-injury/personal-injuries/
