There is never a good time to suffer an injury or illness that was caused by somebody else's negligence, but time is a crucially important factor to consider when making a claim for compensation.

The Limitation Act 1980 provides clear details of the time limits pertaining to personal injury claims, which are treated differently from other torts.

The 1980 Act reserves an entire section - Section 11 - for personal injury claims. A notable provision of Section 11 states that none of the time limits given in the preceding provisions of the Act shall apply to an action involving personal injury, so the usual rule of six years for bringing a claim in tort does not apply to personal injury claims. This is obviously an important point for the prospective claimant to bear in mind. However, there are further provisions and exceptions to consider.

Three Years for the Living

Sections 11 (3), (4)(a) and (4)(b) make clear that no personal injury claim can be brought after three years from the date on which the cause of action accrued or the date of knowledge (if later) of the person injured.

In plain terms, the provision requires that any action in law be made within a three-year period of the negligent act or omission occurring, or within three years of the injured party becoming aware of their injury. The latter aspect of the three-year rule can be difficult to establish, so it is advisable in all circumstances for prospective claimants to pursue legal action as soon as they become reasonably aware of the injury, illness or negligent act or omission - the sooner the better in most cases.

Three Years for the Dead

Section 11(5) of the 1980 Act provides for the unthinkable, if the person subjected to a negligent act or omission has died within the three-year period stated above without having brought a claim against the negligent party.

In such circumstances, Section 11(5) states that the relevant time limit shall be three years from (a) the date of death [of the person injured] or (b) the date of the personal representative's knowledge [of the negligent act or omission]. Section 11(6) defines the personal representative as any person who is or has been a personal representative of the deceased, including an executor who has not proved the will.

Children

Minors who suffer injury or illness as the result of a negligent act or omission are afforded an extended period of time in which to claim compensation. Regardless of when the incident in question occurred, children have three years from the date of their eighteenth birthday in which to make a claim.

Exceptions

Under Section 33 of the 1980 Act, a court is afforded discretionary power to exclude the three-year time limit if it appears to the court that it would be equitable to allow an action to proceed in the circumstances.