Hugh James

Time Limits

How Long Have I Got To Make My Injury Claim?

If your injury was caused by someone else and you wish to claim compensation you must do so within certain time limits.

If you do not bring your claim within the right time limit (or limitation period) it can have devastating consequences for your claim. You may be prevented from pursuing it at all.

How We Can Help

You should always contact a solicitor as soon as possible to seek professional advice in relation to this issue.

The time limits for court cases are set out by statute. The law aims to ensure that persons who might have claims pursued against them have some certainty as to their potential exposure to those claims. If there were no time limits that exposure would be unlimited and that is undesirable.

In cases involving personal injury, a three year time limit applies from the date of the accident or from the date of knowledge that you have been injured.

For children under the age of 18 the time limit runs up until their 21st birthday.

For individuals lacking capacity, a case can be pursued up to three years from the time when that person ceases to be under a disability.

In relation to claims where the accident was suffered in a foreign country or while travelling to a foreign country by sea or air different time limits apply. Different countries have their own set of time limits – for example the time limit for pursuing a personal injury claim in Spain is one year.

There are notable exceptions to these time limits (for example, where your claim is made to the Criminal Injuries Compensation Authority if you have been the victim of a crime of violence or to the Motor Insurers Bureau where you have been involved in an accident involving an uninsured or untraced driver).

The law in relation to this area is very complex but for all cases it is fair to say that time really is of the essence.

Please contact us for more information.


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