If you are considering taking legal action, you should be aware that strict time limits apply to most compensation cases. The sooner you contact us, the sooner we can get you the compensation you deserve. If you believe that your case has gone beyond its time limit, you should contact our solicitors anyway.
The law is very complex in this area and in some cases a court may decide to allow a claim to proceed out of time, depending on the circumstances of the case.
Different types of cases have different time limits in which they have to be pursued. It is important that you receive proper advice on the time limit in your case from your lawyer but the following is a very broad outline of commonly encountered time limits:
In the UK, there is a standard three year time limit for cases involving personal claims. The limit applies from the date of the accident or from date of knowledge that you have been injured, whichever is the latest.
Applying the time limit from the date of knowledge rather than date of accident is particular relevant in cases such as asbestos-related claims. Individuals who have been exposed to asbestos may not find out for decades after exposure that they have contracted an asbestos-related disease.
Fatal cases
In claims which involve a death, the next of kin or a dependant can usually bring an action within 3 years of the date of death. If an individual was dealing with a personal injury claim at the time of their death, their next of kin can continue with the claim within a three year deadline.
If a case is being presented to the Criminal Injuries Compensation Authority (CICA) the general time limit for submission is two years from the date of the incident.
In cases of professional negligence the time limit is generally six years from the date of the negligent act.
Different time limits are applied to claims involving injuries on ships or aeroplanes. These are commonly only two years from the incident. Many foreign countries have different time limits for bringing an action for compensation. For example, the standard time limit for pursuing a personal injury claim in Spain is one year, in France it is ten years and in the USA it varies dependant on State.
For adults treated under the Mental Health Act, the three year time limit does not begin until they are discharged as a patient and their legal incapacity is removed. For children treated under the Mental Health Act, the three year time limit does not begin until the date of the 18th birthday.
For children under the age of 18, the time limit runs up until their 21st birthday.
Please contact our specialist solicitors for further information regarding time limits for your individual compensation claim.
Harmful Products
The standard three year time limit applies from the date of injury or the date of the victim's knowledge of the incident. Qualification in claims under the Consumer Protection Act 1987 must be obtained at court within the year of the product being supplied i.e. put into circulation by the manufacturer/supplier.
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