Understanding the time limit for personal injury claims is important for many reasons:
• Failing to file a claim within the limitation period can mean losing the right to compensation
• Being aware of the time limit ensures you can preserve your legal right to pursue a claim; initiating legal action within a specified time frame is essential to avoid being time-barred from seeking the appropriate compensation.
• Understanding exceptions to the time limits allows you to navigate specific circumstances where different rules apply.
• Seeking legal advice promptly and initiating proceedings within a prescribed time frame is crucial to avoid the dismissal of the case, regardless of its merits.
• Initiating your claim allows sufficient time to gather evidence, assess damages, and build a strong case, increasing the chances of securing fair compensation and accessing the necessary treatment for recovery.
• Understanding the limitation period for personal injury claims is essential to get the best possible outcome.
Personal injury claims in the UK includevarious scenarios in which individuals can experience harm due to the negligence of others. Common types of personal injury claims include:
Road traffic accidents can involve pedestrians, cyclists, drivers or passengers where a third party is at fault. Road traffic accident claims can range from collisions due to bad weather, to incidents involving drunk driving.
Workplace accidents are incidents that take place at the workplace due to employer negligence. These kinds of accidents can range from machinery-related injuries to falls, slips, trips, and much more.
These claims can occur when healthcare providers fail to meet the appropriate standards of care which results in injury or illness. Examples can include surgical errors, misdiagnosis or poor aftercare. The typical NHS medical negligence claims time limit is 3 years from the date of the incident or from the date in which you acquired knowledge that the incident was caused by a negligent act. There are exceptions to this time limit, where you can pursue a medical negligence claim after the 3 year period has expired.
For example, children having until their 21st birthday to bring forward a claim or individuals lacking mental capacity can have their time limit deferred until they regain it. Or a deceased victim has three years from the date of the death to bring a claim on behalf of the individual.
These claims relate to injuries sustained in public places due to the negligence of local authorities or businesses such as accidents, slips, trips and falls arising from poorly maintained public areas.
These can include dog bites (such as by banned breeds) or attacks, and liability will depend on ownership and responsibility for the animal's actions.
There are also other common types of personal injury claims such as industrial disease claims, head injuries claims, broken bones, chest injury claims, rib injuries, and psychological injuries. It is essential for individuals who have suffered any type of injury due to someone else's negligence to understand their rights and options for seeking compensation which we can achieve through the right levels of legal advice.
In UK law, the statute of limitations for UK civil claims is governed as by the Limitation Act 1980 in England and Wales.
In the United Kingdom, the limitation period for personal injury claims is three years, meaning that individuals must commence their claims in court within three years from the date of the incident or accident, or three years from the date of knowledge if an injury is discovered later.
Negligence is a key element in personal injury claims, and refers to the failure to act with due care, resulting in harm to someone else.
To succeed in a negligence claim, a claimant needs to establish that the defendant has breached their duty of care, resulting in harm or injury, which was reasonably foreseeable.
Establishing negligence is critical for a successful personal injury claim as it forms the foundation for holding the responsible party accountable and seeking compensation for the damages incurred.
Compensation for personal injury claims in the UK is influenced by a number of different factors that will determine the value of the settlement:
The nature and the severity of the injuries play a significant role in determining compensation. As a general rule, the greater the pain, suffering, and long-term consequences, the higher the compensation.
The total cost of medical treatment including the initial care, surgery, rehabilitation and ongoing therapies is considered when calculating compensation. Even if treatment is available through the NHS, the expenses incurred can be included in the claim.
Compensation can potentially cover loss of wages, both past and present, due to time off work resulting from the injury. Future earning capacity can also be factored into the settlement if the injury in question will affect long-term employment opportunities.
Compensation for pain and suffering will involve quantifying the physical and emotional distress caused by the injury, such as the severity of the pain, duration of suffering, and the impact on the daily life of the individual.
If the claimant contributed to the accident in any way, their compensation may be reduced based on the percentage of the fault assigned to them.
Compensation may also account for emotional distress, mental anguish, and anxiety arising from the injury which are recognised for their impact on the person's well-being.
Navigating personal injury claims can present various challenges for claimants with some of the following common issues individuals may encounter:
• Feeling reluctant or embarrassed about pursuing a personal injury claim can hinder them from seeking compensation.
• Gathering and retaining all medical expense documentation, particularly in cases where treatment spans several months or years.
• Calculating lost wages and future early capacity can be complex because of various factors such as missed bonuses, potential salary rises, and disability, which all need to be considered.
• The nature and severity of the injuries, which is why seeking advice from personal injury solicitors can help to maximise compensation.
• Evaluating physical and emotional pain and suffering.
• Posting about personal injury claims on social media, as posts can be used against claimants during the legal process.
• Settling claims too soon without obtaining final medical reports or appropriate legal advice can devalue the claim.
After suffering an injury it's essential to take the appropriate steps to not just protect your legal rights but guarantee your well-being as best as possible. Your immediate priority should be to seek medical attention and it's crucial to have a medical professional assess your condition even if injuries appear minor.
You should also inform your employer about the accident to ensure the details are accurately recorded. Employers have a duty of care if you suffer injury and the information should be accurately reported by either documenting what happened yourself and providing a copy to the HR department or filling out a workplace accident book for potential future claims and improving workplace safety.
Documenting the names and contact details of any witnesses' and taking photos and videos of the scene and injuries can help to demonstrate the cause of the accident and the extent of your injuries. You should maintain a diary of all symptoms regardless of their severity as any minor injury can lead to long-term conditions. Keeping track of expenses is also critical because the monetary value can give a better understanding of the overall compensation amount.
If you intend to make a personal injury claim seeking advice from a specialist solicitor experienced in handling such cases can guide you through the legal process. Legal advice will help you to understand your rights and options following an injury while also having legal support can help to avoid common pitfalls that may negatively impact the claims such as not collecting enough evidence or settling too soon.
Personal injury claims involve intricate legal procedures and requirements. The TBI team can guide individuals through these, ensuring all necessary steps are taken correctly and within the limitation period for negligence or personal injury claims. In cases where a claim has to go to court, legal representation is essential because a solicitor can advocate on behalf of the injured party, present the case effectively, and secure a favourable outcome by navigating the legal proceedings.
When seeking a personal injury settlement several strategies can help individuals maximise their compensation:
• Be honest and accurate by providing truthful information about the accident and the injuries, as exaggerating or providing false information can delay the claim and potentially harm the case.
• Collect and preserve evidence, as strong evidence could support the claim and increase the likelihood of a successful settlement.
• Understand the full extent of your losses, from physical to emotional injuries, medical expenses, future damages, and everything in between.
• Do not rush to accept the first settlement offer without carefully considering if that offer is fair. This is why consulting with a solicitor can help you assess this.
Speak to one of the Tilly Bailey & Irvine personal injury solicitors to get expert advice on how best to move ahead with your case to get the maximum compensation available.
