Claiming for personal injury can be a good thing and often cases have positive results for the claimant. However, there are very strict rules to when you can claim. Today we’ll be looking at the time you’ve got left to make a claim between the time of injury and now.
The law differs for the specific case however, generally for adults the time window for claims is 3 years from the date of the accident. If you don’t file for any claims or no court proceedings have been issued, then on the third year anniversary then you will automatically be disqualified from claiming.
For children, the window is again 3 years, however this time the claims have to be made after the child turns 18. Therefore, the claims must be made before the 21st birthday.
However, if the accident was not their fault, the claim can be made straight away (or be left till their 18th birthday) this is also highly advisable since cases have shown its easier to prove the accident. As tracking down witness and CCTV is easier.
Bear in mind, any funds that are compensated will be held in the courts office funds until their 18th birthday.
Clinical negligence: The issue with clinical negligence, is that it its often a dispute between 2 parties. And more often that that it’s hard to know during the event if clinical negligence has taken place, and its only after the consequences of that show do we realise. That’s why clinical negligence claims can be filed from the date it is realised that clinical negligence took place, and this can continue to up to 3 years.
Criminal injury: If you have been injured due to a crime, you have only 2 years to claim from the criminal injuries compensation agency.
The CICA have been known to be very strict and vigilant with this deadline and it Is highly unlikely your claim will be accepted post the given date.
Industrial diseases: These are similar to clinical negligence, however are caused by exposure to certain things or by working in certain jobs.
These sort of injuries are most likely to be something like: Noise Induced Hearing Loss, Vibration White Finger/Hand Arm Vibration Syndrome and asbestos-related disease. These symptoms usually show up a year or more later after doing that job.
The claim window therefore begins once you have knowledge of the disease and have been diagnosed by your doctor.
If you need any advice around personal injury claims or any other legal matters, don’t hesitate to contact our team on: 0116 2999 199 or email us on: email@example.com