Time Limits in Personal Injury Compensation Claims

When pursuing a claim for personal injury compensation it is important to realise that there are time limits within which Court Proceedings must be issued. A Defendant who has clearly been negligent may not have to pay any personal injury compensation if they can establish that the proceedings were issued out of time.

Accident Claims: In most accident compensation claims Court Proceedings must be issued within 3 years from the date of the accident itself. Some exceptions may apply however, for example in fatal injuries or accidents involving children.

Where the right to personal injury compensation arises from a specific treaty the normal 3 year rule may be replaced by a different time limit. The Montreal Convention on Air Travel for example specifies a 2 year time limit.

A 2 year time limit also applies for any application under the Criminal Injuries Compensation Scheme. Different time limits may apply to accidents abroad.

Disease Claims: The 3 year time limit is also applicable to disease compensation claims, however this runs from the date when the injured person first became aware (or should have realised) that they were suffering from significant symptoms which may have been caused by a third party.

In compensation claims arising from an industrial disease it is often difficult to determine exactly when the three year time limit commenced. Disputes may arise over what would be considered as significant symptoms or at what point the individual should have realised that these symptoms could have been caused by a third party.

Accordingly, it is important that you seek advice from a personal injury specialist as soon as possible in order to ensure that your claim for compensation can be brought in time.

At Sintons we have a wealth of experience in personal injury compensation and can advise you fully on the time limit that would be application to your claim.

All accident compensation claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.

To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.

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