Accident Claims: The Limitation Period

AccidentIn the UK, personal injury claims are covered by a time period, known as the three-year limitation period.

The Three-Year Limitation Period

The three-year limitation period is the usual time to commence the proceedings for an accident or personal injury claim. It is also important to show that the injury was a result of disregard by a person for the wellbeing of those under their care.

Based on this rule, a claimant needs to initiate an official action within three years, beginning from when the accident or personal injury happened, whether it is a work accident, road mishap or an industrial disease. Otherwise, the claim will become statute-barred, and the claimant’s chances of receiving compensation may be diminished.

Exceptions

Just because the accident or injury happened more than three years ago, exceptions may apply based on the kind of injury or accident. There may also be some special considerations based on the circumstances of the individual. These considerations may mean that the limitation period may begin well after the accident or injury occurred.

With cases involving disease, for instance, the limitation period may be counted from when exactly the individual knew about the condition. This date may be when the signs of the condition became noticeable. The date may also be when a physician diagnosed the disease. In these cases, the limitation period may start later.

In cases of assault, a special two-year limitation period may apply, starting from when the assault took place. The Criminal Injuries Compensation Authority (CICA) is the best recourse for injured individuals to file a complaint with. Otherwise, the authorities may no longer consider the claim as valid.

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The practices concerning accident and injury claims and the exceptions can be complicated. With that said, it is essential for claimants to find competent legal advice immediately to prevent the accident claim from becoming time-barred or statute-barred.