What Is The Limitation Period For Personal Injury Claims?
What is the limitation period for personal injury compensation claims, and are you still within it? It’s a question that you may be asking yourself if you’ve come across the term already. Time limits apply to all compensation claims and are intended to keep the process fair and orderly for everyone involved. At first glance, it can feel like there is a lot of information to take in, but our guide will explain everything you need to know about time limits.
Key Takeaways
- Normally, a 3-year time limit applies in which to start a personal injury compensation claim.
- This time limit generally begins from the date of an accident and only refers to when a claim should be started (rather than settled).
- The courts can grant extensions to the 3-year limitation period if they believe there is a good reason to do so.
- Certain groups are exempt from the standard time limit, and we explain who they are and what options they have to claim in more detail below.
- A solicitor from our panel can help you seek personal injury compensation using a type of No Win No Fee agreement.
Read on to learn more about the limitation period for personal injury compensation claims. You can also reach out to our advisory team for free guidance on all the topics raised in this article:
- Call on 020 3870 4868
- Start your claim online
- Use our live chat feature at the bottom of the screen.
Frequently Asked Questions
- What Is The Limitation Period For Personal Injury Claims?
- Is It Possible To Claim Compensation After The Three Year Time Limit?
- What Are The Only Exceptions To The Limitation Period?
- How Long Will a Personal Injury Claim Take?
- What If My Claim Is Not Settled Within The Three Year Period?
- How Can UK Law Help Me To Begin My Claim?
- More Information
What Is The Limitation Period For Personal Injury Claims?
The limitation period for personal injury claims is the legal timeframe that sets when claimants should begin seeking compensation. This is also known as a time limit and generally runs for 3 years from the date of an accident, as per the Limitation Act 1980.
If you are unsure as to the exact date that you feel a third party caused your personal injury, you can chat with our advisory team to discuss any questions or concerns about time limits right now.
Is It Possible To Claim Compensation After The Three Year Time Limit?
It is possible to claim compensation after the 3-year time limit, as Section 33 of the Limitation Act gives the court the power to extend this window. Typically, claims that are outside of the 3-year limitation period are ‘time-barred,’ meaning that they can no longer be pursued.
However, Section 33 enables the courts to disregard the time limit if they conclude that it is equitable to do so. The courts will require a very good reason to extend the time limit, and a solicitor from our panel can help present justification for this.
If you would like to chat about the applicable time limit in your case, please reach out to the advisory team using the contact options below.
What Are The Only Exceptions To The Limitation Period?
The only exceptions to the limitation period are for children (under 18s) and adults who are mentally incapacitated, since neither category can claim for themselves.
Children’s Personal Injury Claims
Minors are considered too young to initiate personal injury claims on their own and must, therefore, wait until they reach the age of 18. That means the 3-year time limit will only be counted from the date of someone’s 18th birthday. However, parents, guardians, or other eligible adults can act as a litigation friend to pursue compensation on a minor’s behalf while the time limit is paused.
Vulnerable Adult Personal Injury Claims
Adults who lack sufficient mental capacity to conduct their own claim are not subject to a limitation period at all unless they make a recovery. In the event that mental capacity returns, they would have 3 years to launch a claim from the date of this recovery. Again, a litigation friend is able to step in at any point during the time limit pause to begin a claim.
If you would like more information about how the limitation period for personal injury claims applies to minors and vulnerable adults, please speak to our advisory team. They can also answer any questions you might have about acting as a litigation friend.
How Long Will a Personal Injury Claim Take?
Various factors influence how long a personal injury claim can take, such as:
- Whether ongoing treatment means there is an unclear prognosis.
- The evidence that needs to be collected, including medical records and proof of loss of earnings.
- How clearly liability can be established, and whether a defendant accepts responsibility for a claimant’s injuries.
- If a claim has to go to court because negotiations over compensation failed. It’s important to stress that most cases settle out of court.
Our panel of solicitors are experts at navigating the claims process and always do their utmost to ensure their cases are settled as soon as possible. Call if you would like to learn more about their work, or if you have any questions about the limitation period for personal injury claims.
What If My Claim Is Not Settled Within The Three Year Period?
It will not matter if your claim isn’t settled within the 3-year period, as this timeframe is only for when you should begin the process of seeking compensation. So long as you file in time, there is no set period in which a claim needs to be decided. Nevertheless, a solicitor from our panel will do their level best to settle a claim in your favour as quickly as possible. Call to learn more.
How Can UK Law Help Me To Begin My Claim?
UK Law can help you begin your claim through the free initial consultation service offered by our 24/7 advice team. This consultation will carefully assess the particulars of your case to determine whether you can be connected with our panel of specialist solicitors.
If you have a valid case, you can benefit from a personalised, expert service built on a wealth of experience and knowledge, such as:
- Guidance on the right evidence to collect, together with a more active role in gathering this proof, such as witness statements.
- Clear, straightforward explanations of terminology and other aspects of the claims process.
- Guidance on how to meet the applicable deadline.
- A thorough evaluation to ensure any compensation payout reflects the full extent of how you’ve been affected.
- Immediate attention to any deadlines that need to be met and regular updates on how your claim is going.
All the services provided by our panel of solicitors can be accessed through a specific type of No Win No Fee contract referred to as a Conditional Fee Agreement (CFA). This arrangement protects their clients from having to pay steep solicitor fees, as CFAs ensure:
- You are not expected to pay any initial solicitors’ fees to get started.
- No solicitors’ fees apply while the claim advances.
- If your personal injury claim fails, there are no solicitor service fees owed at all.
Your solicitor will charge a success fee if you win, taken as a percentage of the compensation. However, this will be fully explained before you get started, and The Conditional Fee Agreements Order 2013 restricts this percentage with a legal cap. That means you can have peace of mind that you’ll benefit most from the compensation.
Get In Touch With Our Advisors
If you’re interested in seeing how a solicitor from our panel can help you, please get in touch with our advisors today. They are available day and night to provide free, tailored advice and answer any questions you have about the limitation period for personal injury claims:
- Call on 020 3870 4868
- Start your claim online
- Use our live chat feature at the bottom of the screen.
More Information
We have other guides that provide more information on the limitation period for personal injury compensation claims:
- Learn about time limits after an accident.
- See if there is a time limit for car accidents.
- Go over the time limits for fatal accident claims.
Additional resources from external websites:
- Read about Statutory Sick Pay in this government resource.
- Find out how to get copies of your medical records.
- Get help from the NHS 111 service.
You’ve reached the end of our guide looking at the limitation period for personal injury claims, but feel free to get in touch for further guidance and advice.
