In most cases of personal injury you have a three year limitation period in which to bring a claim against the negligent party. This is governed by s.11 of the Limitation Act 1980.
Personal injury claims can include:
- Injury in a road traffic accident
- Injury at work
- Injury in a public place
- Injury caused by tripping on a public path
- Psychological injury caused by stress
The limitation period begins to run from either;
(a) The date of the incident; or
(b) Your date of knowledge of the injury (if later then the accident)
Therefore, it is important to note the date you were involved in an accident or incident, as you may not suffer any immediate injuries.
It is also important to attend your GP or local hospital if you have been injured as a result to confirm you are suffering from no further serious injuries. Your attendance will also be used by an expert in your claim to provide a report and support the date the time period has begun.
If you believe you have suffered injury as a result of somebody’s negligence but it was longer than three years ago, there is a possibility the Court may use their discretion to allow you to bring proceedings, if it believes you have a just and equitable cause. This is governed by s.33 of the Limitation Act 1980 which request the Court look at:
- The reason for your delay and whether you have acted promptly or reasonably
- Whether allowing your claim will prejudice the other party’s defence
- The steps you have taken to obtain medical advice
If you believe you have a claim and wish to discuss this with us, please contact our Litigation team, who are willing to offer guidance and assistance in helping you decide the way forward. Our Litigation team can be contacted by you completing our online Claim Form, contacting them on 01282 422711 or email firstname.lastname@example.org
By Jenna Dand, Paralegal in our Litigation department.