The technical term for the time limit to bring a personal injury claim / clinical negligence claim is called Limitation. In the UK, Limitation is a critical part of the claims process but can be a very complicated area of the Law. It is important that, as soon as you feel you have a claim, you seek legal advice.
Whether you have been injured due to an accident or suffered because of clinical negligence, it is important to understand the strict timelines for bringing a claim. Bringing a claim means taking the step of submitting the necessary documents at Court supporting your claim.
If you do not bring your claim within this period, it is likely that you will be time-barred, which means you will likely lose your opportunity to claim compensation. Sometimes the Court may allow you to bring a claim out of time, but it is never advisable to rely upon the discretion of the Court. It is best to seek legal advice as soon as possible.
The time periods we set out below are general rules. However, because the area is so complicated, it is important that you take legal advice as soon as possible:
- The general rule for a personal injury claim / clinical negligence claim is 3 years from the date of the accident or the date of the clinical negligence.
- Children have 3 years from their 18th birthday to start Court proceedings. In other words, they must bring a claim before their 21st birthday.
- If the injury was not immediately obvious, the 3-year period may run from the date you became aware of the injury, or you should have reasonably become aware of the injury. This is a very complex area of the Law known as date of knowledge.
- If the person who wants to bring the claim lacks mental capacity, the time limit may be suspended until capacity is regained, but once capacity has been regained, the limitation clock starts to run even if capacity is subsequently lost again.
- Where a claim is being brought for negligence suffered by a Deceased person, then usually the limitation clock is reset to 3 years from the date of death (providing the negligence complained of was within 3 years of the Deceased’s death).
- For accidents in the air, on water, and sometimes at airports and ports, the limitation period is 2 years. Care is needed when considering injuries that occurred outside the UK.
- In cases where a claim is made to the Criminal Injuries Compensation Authority (“CICA”), claims must be brought within 2 years.
- It is very important for anyone pursuing a personal injury or clinical negligence claim to understand the personal injury limitation period. If you believe you have suffered from a personal injury or clinical negligence, you may be entitled to compensation.