When initiating a no-win-no-fee personal injury compensation claim, the adage “time is of the essence” rings particularly true. Officially termed the “limitation period”, you have a three-year window from the date of the incident in which to file your claim. If this window expires, the law typically bars the court from considering your personal injury claim due to either unique laws or the time-based restriction. If you believe you deserve compensation for an injury, it is crucial that you act promptly.
Exceptions for minors
The three-year rule applies to the majority of individuals over the age of 18. However, if you were under 18 at the time of the accident, the countdown starts from your 18th birthday, providing you until your 21st birthday to claim. If the individual, their parents, or guardians wish to file the claim before they turn 18, they may do so on their behalf. In these situations, any compensation received is placed in a particular account until they reach age 18.
Additional exceptions – industrial diseases and mental illness
There are also various exemptions, including cases involving industrial illnesses such as asbestosis, which may only show symptoms decades after exposure. The “date of knowledge” is established based on when the person became aware of the disease or received a medical diagnosis, marking the beginning of the three-year window. There’s also a special concession for those declared under the Mental Health Act 1983, allowing them to seek a personal injury claim only after they are no longer designated under the Act.
The advantage of a prompt claim
Furthermore, filing a personal injury claim sooner rather than later generally leads to a swift resolution. Early claims are supported by fresh medical evidence and possibly ongoing injury recovery, strengthening your compensation case. Remember, medical evidence is essential for proving your case.
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