3 Minute Read

As one of the leading personal injury law firms in North East England, we receive many new enquiries from people injured on the roads, at work or in a public place, and regrettably, we often encounter those unaware of the limitation period when pursuing a claim.

If the limitation period expires, the case becomes statute barred. In other words, the time limit runs out and a claim is unlikely to be possible.

How long do I have to file a personal injury claim?

You have three years to start legal proceedings, typically beginning from the date of your accident.

However, the time limit may begin later in certain situations, such as:

• If you were injured as a child, the three-year period starts from your 18th birthday
• If you were not immediately aware of your injuries
• If you did not, or do not, have the capacity to manage your affairs
• If you were unaware of the identity of the person or organisation responsible

A judge has the discretion to allow a claim after the time limit has passed, but this is uncommon. It is advisable to seek expert legal advice to determine whether your specific circumstances might qualify for an exception.

Is there a set timeframe to conclude a claim once initiated?

Once legal proceedings are underway, there is no set timeframe for reaching a conclusion. However, avoiding unnecessary delays is in everyone’s best interest. Our dedicated team works diligently to resolve cases swiftly and effectively.

Why is there a time limit on personal injury litigation?

Time limits exist to encourage prompt action and preserve the quality of evidence. As time passes, memories can fade and evidence may deteriorate, which could risk compromising a fair hearing.

It is also unreasonable to let the threat of litigation hang over a defendant in a personal injury case, keeping them under constant uncertainty and stress indefinitely. The limitation period removes a ‘Sword of Damocles’ scenario from arising.

Why would someone want to delay a personal injury claim and risk it becoming statute barred?

We have encountered several reasons why individuals let the time limit expire that would not qualify for an exception from the Courts.

Some examples are:

• Lack of awareness: Many people do not realise that they have the right to make a claim or that they can pursue one.
• Uncertainty about the claim’s strength: Some may doubt the strength or validity of their claim until they get confirmation from others. It is always advisable to seek independent legal advice from a qualified solicitor as soon as possible.
• Procrastination: Everyday responsibilities can sometimes cause unintentional delays.
• Misconceptions: Some individuals mistakenly believe there is no time limit for filing a claim.

Do not delay; contact a solicitor if you have been involved in an accident

If you have been injured in an accident that was not your fault, do not risk falling afoul of the limitation period. Seek legal advice at the earliest possible opportunity.

If you would like to discuss a matter with a solicitor, we can help. Visit Personal Injury Claims to learn more or Contact Us for a free no obligation initial consultation.