Maximum Time For Personal Injury Claims In UK

By: evelyn | Date: 2020-05-12

When you get into any type of accident, you may receive a lot of injuries in it. There are certain situations in which you can make your claim and get the amount of compensation from the other party. But there is a time limit to file personal injury claims. When it comes to making a claim, you should keep the time limit into consideration. If you do not consider the time to make your claim, there is a high probability of losing your amount of claim.

As there is nothing perfect, there are a lot of ways in which you can make your claim even after the limitation period. All you need to have is the proper knowledge about the scenarios which make you eligible to make such claims. If you are unaware of these conditions, you are at the right place. Here, you will be revealed some ways in which you can make your claim, even the time limit of making your claim.

What Makes You Eligible For Personal Injury Claims?

Before we go towards the time limit and its exceptions, you should know whether you are eligible to make your claim or not. You will be eligible to make personal injury claims if you get injured in an accident where you are not at fault. So if you think that your injury is a result of the negligence of any other person, you deserve to get compensation for your injury.

What Is The Limitation Period?

Limitation period is the time limit within which you can make your injury claim. If this date exceeds, you may not be eligible to make your claim. The limitation period for making personal injury claims is three years. This time limit starts either from the date of injury or from the date of knowledge depends on which came later.

What is the Date of Knowledge?

The date of knowledge means the date on which you have come to know about your injury. If you have got injured in a car accident and you are aware of it at the same date, the time limit starts from that date. However, if you have received some internal injury like whiplash, it may diagnose later on. In such cases, this date will be considered as the date of knowledge. So your time limit will start from this date.

Exceptions of 3 Years Deadline

Generally, the three years rule applies to all the cases of personal injury claims. All the cases of accident and injury claims must be made within this period. But that is not always effective. There are a lot of cases which do not fit in the three years deadline rule. There are a lot of exceptions to these three years rules. Here are a few cases in which you can make your injury claim even after the three-years deadline period.

1) Injury Claims For Minor

When you get into an accident, chances are that you may be under 18 by that. Legally, you cannot make your claim at that time. So does that mean you will never be able to make your claim? Certainly not. There is an exception to this rule. In this case, you will be eligible to make your claim when you reach 18. Then your time limit will start from this date and you will be able to make your claim unless you turn 21.

2) Time Limit In Case of Death

Some accidents are fatal and lead to severe injuries. In some cases, it even leads to the death of a person. If the accident was caused by the negligence of the other party, the close relatives of the deceased are eligible to make a claim. In this case, the time limit will start from the date of the death of the person.

If there is a confusion about the cause of death, it may require a post-mortem of the deceased. It helps the relatives to know whether death is associated with the accident or not. Under these conditions, the time limit will start from the date of the post-mortem.

3) Injury In a Foreign Country

Chances are that your accident might have occurred in a country outside the UK. If you are also suffering from the accident caused outside England and Scotland, you are eligible to make your claim. But the time limit to make your claim may change according to the laws of the country where the accident took place.

4) Injury On a Flight

Even if you have got injured in a flight, you may be able to make your claim. But the time limit to make your claim depends on certain conditions. If you have got injured in a domestic flight, the standard time limit of three years will apply as you are in the UK. If you have booked a flight outside the UK that is a part of your holiday package, still the time-limit is three years.

If you have got injured in an international flight, the international law will apply. This international law is known as the Montreal Convention. According to this convention, the personal injury claim should be made within two years after the injury. However, there are some countries which have not signed this convention. So the time limit may change according to the laws of these countries.

5) Mental Illness

If your mental health was not stable after the accident, then the three-years rule does not apply to you. In this case, your time limit will not be three years from the date of the accident. After getting your treatment, when you come back to normal, then your time limit will start. You will have to make your claim within three years after becoming a normal person.

What If You Do Not Make Your Claim Within Limitation Period?

There are chances in which you could not make your claim within the time limit of making your claim. In such cases, you will not be able to take any legal action against the other person. In this way, you will not be eligible to make your injury claim.

Conclusion

Although the period to make your claim is three years, that does not mean you should wait for that long to make your claim. You should file your claim as early as possible so that you can get your amount of claim. Moreover, you should hire injury claim specialists to deal with your case. The reason is that they are experts in claims management. So, they will figure out a way to get your amount of compensation even if the deadline of three years has ended.

Maximum Time For Personal Injury Claims In The UK
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