In the United Kingdom there is a time limit of three years to which you can bring forward UK claims. That three years starts from the date your accident happened, or from the date your injuries became clear. This is known as your Date of Limitation or your Date of Knowledge.
After three years, personal injury claims are time-barred or statute barred.
Are there any exceptions?
The three year limit has been successfully extended for people who have been treated under the Mental Health Act 1983, and for people who can otherwise prove that they were mentally incapable of making a claim within three years of their accident.
What if I was a minor at the time of my accident?
A minor is anyone under the age of 18. If you were injured in an accident whilst a minor, then you have three years from the date of your 18th birthday to make UK claims. If you are the parent or the legal guardian of a minor, and you are reading this now, then you can put in a claim on their behalf right now as their ‘litigation friend’.
What if my injury is asbestos-related?
Asbestos-related injuries, illnesses and diseases are exempt from the three year time limit as are some other forms of industrial disease. If you have been diagnosed with asbestos poisoning or another industrial disease, then you may be eligible for compensation even if your exposure was several years ago. You should consult a specialist accident lawyer if this is the case, so that your eligibility for making a claim can be properly ascertained.
Are there any other factors that could affect my eligibility to claim?
Yes – the other key factor is how your accident happened. To make a claim, you cannot be wholly responsible for the accident in which you were injured. You can however be partly responsible, and it goes without saying that if your accident was in no way your fault, then you will have a strong case for compensation. If it is found that you were partly responsible for your accident during the UK claims process, then your lawyer may recommend that you settle on what is called a ‘split liability agreement’ on a 75/50, 50/50 or 25/75 basis.
Find out more about the UK claims process today
To find out more about how the claims process works, to ascertain your eligibility for making a personal injury claim or for information about anything else related to claims, call our free, no obligation accident claims helpline today on 0800 157 1437 and speak with one of our experienced and compassionate claims advisors about your accident.