For the vast majority of personal injury claims, a strict time limit applies to the period in which you can claim after an incident in which you’re injured or your injury or illness is discovered – this is called the limitation period.

What’s the time limit for making a claim?

For adults over the age of 18, the limitation period has been set at three years from the date of the injury or discovery of injury or illness.

For those under the age of 18 at the time of injury or discovery of illness or injury, the three-year period still applies, but only begins on that person’s 18^th birthday – so those under the age of 18 when they’re injured or their injury or illness is discovered all have until the eve of their 21^st birthday to file a claim for compensation.

What happens if I want to claim after the limitation period?

So if this three-year period expires and the injured party has not yet brought a case, the case will become what is known as ‘statute barred’ in accordance with the 1980 Limitation Act, which means that in the eyes of the law, the pursuant no longer has the right to claim for their injury.

The limitation period for criminal assault cases has been stipulated as two years and is not flexible under any circumstances – only unless it is ‘in the interests of justice to do so’. The limitation period is not extended for those under 18, either, so their parent or guardian will have to file a claim on their behalf within two years from the incident.

Are there any exceptions?

Sometimes - the courts have the power to extend the period at their discretion under section 33 of the Limitation Act.

As with everything though, the sooner you file your case, the better, just so that you can relay events and circumstances to your chosen legal professional and formulate the best possible case.

It’s also likely that pursuing your case will be more difficult if the accident occurred some time ago because your recollection of events will be hazy and witnesses may be hard or impossible to get hold of.

But all that said, whatever your circumstances, you may well have had just cause to have left it longer that three years before.

So what circumstances warrant an extension?

Industrial disease

Discovery of injury or illness - the ‘date of knowledge’ - is often made many years after exposure to a hazardous substance, so the three year period begins upon discovery, not when that person was, for example, employed in the position through which they were exposed to a dangerous substance.

Death

If a potential claimant dies within their three year limitation period, the period is reset to start on the date of their death in order to allow bereaved relatives to make a claim on their behalf.

Psychiatric patients

The three year period begins only when the persona ceases to be a patient under the 1983 Mental Health Act, and their legal incapacity is thus removed.

Aeroplanes and sea vessels

The limitation period applied to injury claims that occur on board an aeroplane or sea vessel is reduced to 2 years – although cases are reviewed on an individual basis.

Whatever the circumstances of your illness or injury, though, please also bear in mind that your lawyer will need a period of time to compile the necessary evidence in order to begin proceedings, so that’s another strong reason to file your claim as soon as possible.

What information will be required when I make my claim?

Medical evidence will always be required, and detailed expert evidence is often also required in industrial disease and misdiagnosis cases to demonstrate that the condition suffered was caused by exposure to a particular substance, or that the (degree of) illness suffered could have been prevented with a correct and timely diagnosis and treatment.