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Time Limits

As a general rule to make a claim for personal injury compensation in England and Wales, court proceedings have to be started within 3 years of the accident happening. If court proceedings are not started within that 3 year period then the claim cannot proceed any further. There are certain exceptions to this.

If the injured person is under 18 the three year time limit does not start running until their 18th birthday. They will then have until their 21st birthday to issue court proceedings.

A similar provision applies to people who do not have the mental capacity to bring a claim. This can be as a result of things like brain injury, mental illness or dementia. The 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.

There are certain types of case where a claimant will not realise they have been injured until more than 3 years have passed since the incident causing the injury. For example if you have been exposed to loud noise or harmful substances at work, it may take more than 3 years for any symptoms to appear (such as deafness or difficulty breathing). In those type of situations the time limit does not start to run until the date you are aware you have sustained an injury such as being told about it by your doctor.

If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property then the application needs to be with the MIB within 9 months of the date of the accident.

Accidents which occur abroad will be the subject of a variety of different time limits which can be as short as a year. The sooner you contact us the better so we can identify the appropriate time limit and to give you the best chance of successfully pursuing your claim.

 

 

NewLaw Solicitors is the trading name of NewLaw Legal Ltd, a limited company registered in England and Wales with registered number 07200038. NewLaw Legal Ltd is authorised
and regulated by the Solicitors Regulation Authority. The registered office of NewLaw Legal Ltd is at Helmont House, Churchill Way, Cardiff, CF10 2HE. We use the word 'partner'
to refer to a shareowner or director of the company, or an employee or consultant of the company who is a lawyer with equivalent standing and qualifications.
A list of the directors is displayed at the above address, together with a list of those persons who are designated as partners