There is a time limit of two years less one day from the date of becoming aware of an injury which you have incurred under the Statute of Limitations Act 1957. This statute sets out the length of time that one has to bring forward a personal injury claim.
The essential rational behind the imposition of the time limits is that it is fair for both parties involved. For example. the quicker you proceed, the easier it may be to obtain the relevant, strong supporting evidence for your claim.
On the other hand, it eliminates the fear of legal proceedings the defendant may be burdened with indefinitely.
If there is a delay in bringing forward proceedings, a court may decide the claim should be dismissed.
However the date the injured person became aware-
- That they had been injured.
- That the injury in question was significant
- That the injury was caused by the negligence, nuisance or breach of duty by the party at fault for the accident.
- The identity of the party at fault is known.
Although if the fault for the injury lies with someone other than the person who is liable to compensate them, and that they are aware of the identity of that particular person, as well as the legal reason as to why the person the claim is against is liable for the accident.
Personal Injuries for Children and the Time Limits
Proceedings relating to children’s injuries are treated differently due to the fact a minor can’t bring a claim forward themselves.
If no claim is made in the two years following the accident, then the two year less one day time limit begins at the date of the child’s 18th birthday.
However a claim can be brought forward by a parent or guardian on the minors behalf. By acting as the minors ‘Next friend’
Similarly to an adults claim, the sooner a claim is made the easier it is to source reliable evidence to strengthen the case, on the child’s behalf.