If you’ve been injured and are considering making a personal injury claim, it’s important to act within the legal time limits. In England and Wales, the general rule is that you have three years from the date of the injury to file your claim.
This three-year period is known as the limitation period, and it’s set by the Limitation Act 1980. However, there are some exceptions to this rule:
- Children: If the injured person is under 18, the three-year limitation period begins on their 18th birthday. This means they have until their 21st birthday to settle their claim, unless protective court proceedings are issued.
- Mental Capacity: For individuals who lack the mental capacity to make a claim, the limitation period does not apply until (and unless) they regain capacity.
- Industrial Diseases: In cases of industrial diseases or conditions like asbestosis, the three-year period starts from the date you were first diagnosed or became aware that your condition was caused by your work environment.
- Fatal Accidents: If a loved one has passed away due to an accident or injury, the three-year period starts from the date of their death or when the cause of death was determined.
Failing to file a claim within the limitation period can result in your case being denied.
At SC Law, we specialise in serious personal injury and medical negligence claims. If you’re unsure about your eligibility to file a claim, contact us today on 0208 966 1299. Our experienced team is here to help you understand your rights and guide you through the process.
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