If I Was Injured Last Year Can I Still Claim?
There is a time limit to which you can bring a personal injury claim forward in the United Kingdom. That time limit is three years – three years from your date of limitation, otherwise known as your date of knowledge, which is the date your injuries became clear.
After three years, personal injury claims are time-barred. So, if you were injured in an accident last year, then you can certainly bring a claim forward. That three year limit applies to road traffic accidents, workplace accidents, accidents on holiday, slips, trips and falls and all other types of personal injury. If you were a minor at the time of your accident (under 18 years old), then you have three years from the date of your 18th birthday to bring a claim forward. If you are a parent looking to making a claim for a minor, you can do so and you are known as the ‘litigation friend’ under the circumstances.
It’s also important that we point out that the three year time limit can be extended in the cases of industrial disease, such as for asbestos-related injuries. Industrial diseases can take many years to develop and because of this the law states that personal injury cases have no time limit under the circumstances. However, you should always seek legal advice if this is the case, because your specific case may have different rules.
You can make a claim for any type of injury you have sustained be it on public or private land or even on an aeroplane and abroad. Financial compensation is there for all victims of accidents that were not their fault. However while your claim may be within the three year limit, there is one additional factor that will affect your eligibility to make a personal injury claim, and that factor is how your accident happened.
How your accident happened is an important fact to ascertain, because it determines the level of liability of the other party. Injury claims UK are built on this very fact – and the level of liability of the other party also determines the amount of compensation you can claim.
For example, if the other side admits 100% liability for an accident, then you can push for the maximum amount of compensation possible. If the other side only admits 75% liability, then you will have 25% of your claim value knocked off. This can be bumped back up to 100% with additional evidence, however, and a good solicitor may well be able to find extra evidence to support your claim, resulting in a maximum pay-out.
Your solicitor will always advise you on the best course of action, though, so rest assured your claim will have a positive outcome.