Personal Injury Claim Time Limits

Personal injury claims can take between 12 and 24 months to settle, but APIL warns claimants that court proceedings are experiencing longer delays. Between 2016 and 2023, 62% of claims experienced wait times between 55 and 85.7 weeks.

There’s no guarantee that both parties will agree on a settlement outside of court, which means many people won’t receive a settlement.

The upper limitation period for making a personal injury compensation claim is three years from the date of your accident. Sometimes, you might have longer – depending on the circumstances surrounding your injuries.

While rare, some courts might not accept your claim, even if it’s within the three-year time limit. This usually happens when there’s a delay, which might be prejudicial to the negligent party’s defence.

Lower limitation periods can also apply, with specific scenarios resulting in less time to claim compensation. Personal injuries abroad might have different time limits, depending on the country’s laws.

Criminal injuries and product liability claims can also have shorter time limits – one to two years.

The first step is to seek legal support when deciding whether to make a claim. Calling 0800 234 6438 or using the online form gives you access to free advice from a specialist. If they think you’re eligible for compensation, they’ll refer you to personal injury specialists, who work on a conditional fee basis.

The time limit on your personal injury claim depends on the type of claim you’re making and the nature of your injuries.

Employers must follow health and safety guidelines, promoting a safe environment for employees. If you suffered an accident at work, you could be eligible to make a personal injury claim. In most cases, these claims have a three-year time limit.

In exceptional circumstances, the limitation period could increase. Examples of this include being in a coma or having reduced mental capacity due to the accident. If the employer conceals evidence, you’ll have longer to claim.

Most medical negligence claims have the same time limits, so you’ll need to initiate legal proceedings quickly, as these cases can be challenging to negotiate. If a child is a victim of negligence, they have up to three years from the date they turn 18 to file for compensation.

Suffering traumatic brain damage or being in a coma means you’ll have longer to claim as there’s a lack of mental capacity.

Injuries from car accidents or other vehicles can impact your ability to work and enjoy daily activities. The same rules apply for road traffic accidents, with most claimants having three years to file for compensation.

If the other road user is untraceable or doesn’t have insurance, you can claim compensation through the Motor Insurers’ Bureau (MIB).

Slips, trips and falls cover a wide range of accident types, including incidents in public places such as supermarkets and parks. In most cases, you’ll have three years to make a claim – but it depends on the impact of your injuries.

For example, playground accidents often cause injuries in children. If the parents don’t make a claim, the child can once they turn 18.

The traditional compensation claims process doesn’t take historical exposure into account, but there are laws in place to ensure people can make claims. Asbestos was once a material widely used in the manufacturing and construction industries.

Unfortunately, it’s also a significant contributor to lung conditions – many of which are fatal. According to the UKATA, 5,000 people die each year due to asbestos-related diseases.

As these conditions can develop decades after exposure, you’ll have three years from your diagnosis to make an asbestos compensation claim.

Victims of crime-related injuries can claim through the Criminal Injuries Compensation Authority (CICA). These claims have strict time limits of two years from the date of your injury.

Failing to make a claim within two years means you won’t be able to receive compensation for your medical expenses, time off work and any other costs that result from your injuries.

It depends on your claim and why you’re filing at a later date. The Limitation Period Act says that claims must be made within three years of the person becoming aware of their injuries, with the exception of reduced capacity, childhood injuries and being in a coma.

Claiming compensation as soon as possible gives you enough time to contact a free legal advice service and begin the process with your solicitor.

While there are no legal fees with no win no fee compensation claims, the solicitor will need time to collect evidence, negotiate with the negligent party’s insurance provider, and secure a settlement.

Compensation claims that go to court take longer to settle, and running out of time can result in rejection.

Like all compensation claims, medical negligence claims are subject to strict time limits, making it challenging to seek compensation after an extended period.

As mentioned previously, generally, the upper limit for filing a medical negligence claim is three years from the date of the incident or from when you first became aware of the injury caused by negligence. However, there are exceptional circumstances where this time limit can be extended.

For instance, if the victim of medical negligence is a child, the three-year period does not begin until they turn 18, meaning they have until their 21st birthday to file a claim. Additionally, individuals who lack mental capacity at the time of the incident or those who have been in a coma are also afforded more time to make a claim.

In rare cases, courts may allow claims beyond the usual three-year limit, but this is highly dependent on the case’s specifics. Factors such as the severity of the injury, the reasons for the delay, and whether the delay has prejudiced the defendant’s ability to mount a defence will be considered. If significant new evidence comes to light that substantiates the claim, or if it can be shown that the negligent party deliberately concealed their wrongdoing, a court may grant an extension.

If you’d like to make a personal injury compensation claim, using the online form or calling 0800 234 6438 gives you free legal advice from a specialist. They’ll connect you with a no win no fee solicitor who will get the ball rolling on your claim.

Compensation can help you recover from any financial losses, pay for private treatments and ensure negligence doesn’t affect anyone else in the future.