Accident injury claims have a time limit of 3 years. This means that you must take your accident claim to court before 3 years have expired counting from the date of the accident.
This is an important consideration for you and your accident injury lawyer to bear in mind from the day of the accident.
A lot of time a firm of accident solicitors may have a policy of not taking on accident claims which have less than 6 months or so to go before the limitation period is up. The reason for this is that your accident injury lawyer wouldn’t have enough time to investigate your injury accident claim before deciding if the claim should be taken to court.
If an accident case has less than 6 months to go, it is risky to take it on because no matter how strong it appears in the beginning, your accident injury solicitor may be forced to take the case to court before it emerges that there are serious weaknesses in the case.
It follows that you should not wait too long before making up your mind who to ask to help you with your accident injury claim. You may think you still have time, but you will have difficulties finding an accident solicitor willing to accept your accident case if the time limit is close to three years.
Accident Claims for children under the age of 18 years
If you are a child or a person of unsound mind, the three year time limit for accident claims will not apply to you. It is not necessary for you to be a formal or informal mental patient but if you are, you are conclusively presumed to be of unsound mind for the purposes of the accident time limit.
The three year accident time limit will begin to run only when a child reaches the age of 18 years or for the person of unsound mind, when he becomes capable of managing or administering his property and affairs.
How do you claim accident compensation if the accident was more than 3 years ago?
The court has power to extend the time limits in accident injury claims. In considering whether to extend the accident time limit, the court will have regard to all the facts of your claim and in particular:
1. The length of and reasons for the delay on your part;
2. The effect of the delay on the reliability of the evidence;
3. The conduct of the other side (the defendant);
4. The duration of any disability arising after the accrual of the accident;
5. The extent to which you acted promptly and reasonably once you knew that someone was to blame for your accident injuries, and;
6. The steps you took to obtain medical, legal or other expert advice and the nature of any such advice.
If you are in any doubt whether your accident claim is still in time, seek the help of a specialist accident injury lawyer.
This Guide was prepared by Balinda & Co to help you understand and enforce your right to receive compensation for your accident injuries.
Balinda & Co have many years experience and have helped a lot of people who have suffered accident injuries to get compensation.
Injury Claim Help for You Now
Want help with your accident injury claim? Please contact us or call 0800 321 3287 and let us talk it through.