The term limitation in the Cambridge English Dictionary is defined as:
“The act of controlling and especially reducing something”
But what does it mean in terms of personal injury compensation claims?
There are many different types of personal injury claims and with each claim there is a strict time limit attached. For example, the standard time period for claiming compensation for an accident claim is three years, which usually starts from the date of when the accident or injury occurred, but there are some exceptions to this rule.
To make a claim for personal injury, the time periods of limitation are:
• 3 years to claim for an accident at work or in a public place
• 2 years to claim for an accident on an aeroplane or hot air balloon
• 2 years to claim for an accident on a ship - cruise ship, etc.
Exceptions to these limitations can be due to the nature of the accident or injury, and sometimes the circumstances of the injured person’s personal situation. This means that the specific time period for that specific claim type may start after the date of when the accident or injury actually occurred.
Other exceptions are considered if the claimant is a child under 18-years-old at the time of the accident or injury. This means that the three-year time period wouldn’t commence until the claimant turned 18. They’d then have until their 21st birthday to make a personal injury claim.
Similarly, if the claimant was under a prior mental disability and was being treated under the Mental Health Act 1983 at the time of the accident or injury, the specific time period wouldn’t begin until the date of when they were discharged as a patient or when the date of the disability ended, whichever is earliest.
If there are no exceptions in your personal circumstances to make a claim and you fail to claim within the specified time period, the claim would become time-barred or statute barred which will prevent you from claiming compensation for that particular accident or injury.
With other personal injury cases where you are not at fault, for example, if you were assaulted, the limitation period is two years. In terms of clinical or medical negligence claims, the limitation period is the same as an accident or injury claim and is therefore three years.
Personal Injury Lawyers at Claims Direct can assist in explaining in more depth about limitation periods and what they mean for your particular claim.
For a free consultation with a personal injury lawyer, call on freephone 0808 175 7900 or start your claim online and we will be happy to help you.
Our specialist solicitors deal with personal injury claims on a No Win No Fee basis.
If you have any questions about limitation and what it means for you and your personal injury claim, feel free to ask in the comments box below.