13/03/2008
Time to make a claim
“Have you had an accident in the last three years?” I am sure that you will have been asked this on a number of occasions by the dodgy looking characters who hang around local shopping centres.
The reason that they ask this is that in the UK the usual time period within which an accident claim can be brought (the limitation period) is within three years of the accident date. If Civil Court Proceedings have not been issued within this period then the claim is statute barred and cannot proceed unless the Court is willing to use its discretion.
However, it is not always that simple as
• There are different limitation periods for certain accidents e.g. accidents at sea or on an aircraft have a two year limitation period. • Disease claims (e.g. asbestos exposure or deafness) do not have a fixed accident date. The limitation period in such cases is 3 years from the date that a person knew or ought to have known that they had a significant injury caused by another, usually an employer. • If you have an accident whilst on holiday abroad and the case must be brought in that country then you should be aware that different countries have completely different limitation periods.
So there are many traps for the unwary so my advice is that you do not delay -avoid the dodgy shopping centre characters and make an appointment to see your nearest solicitor who specialises in accident claims. A specialist solicitor should be accredited by the Association of Personal Injury Lawyers (APIL) and if sufficiently experienced may also be a member of the Law Society’s Personal Injury Panel.
|
|
