If you have been injured in an accident and you are thinking about making a claim, the best time to make your claim is when you are ready to do so. There’s no need to rush into making a claim. Your focus is no doubt going to be on recovering from your injuries, and resuming your life. However, should your injuries take a toll on you physically, emotionally or financially, then you may wish to submit your claim when the time is right.
Time Limitations for Personal Injury Claims
It is also important to consider that there is a time-based limitation for personal injury claims. The limitation is as follows: Under the Limitation Act 1980, a personal injury claim must be brought forward no more than three years from the Date of Limitation, otherwise known as the Date of Knowledge. Your Date of Limitation is the date your accident happened, or the date your injuries first became clear.
For minors, a different limitation applies. Parents and legal guardians can make a claim on behalf of a minor any time before their 18th birthday, without limitation. However, once the minor becomes an adult (on the date of their 18th birthday), then the victim must bring forward their personal injury claim no more than 3 years from the date of their birthday.
This limitation applies, to prevent fraudulent claims, and to protect the insurance industry from historic claims. It is set in stone by the Limitation Act 1980. After three years, personal injury claims become statute-barred or time-barred under the Limitation Act. Because of this, it is crucial that you bring forward your personal injury claim sooner rather than later.
Can I bring a claim forward after I have returned to work?
If you have recently returned to work following an accident, this has no bearing whatsoever on your ability to make a claim. You have the legal right to compensation, regardless of your current situation. So yes, you can certainly still make a claim for compensation.
My injuries have affected me financially. What can I do about that?
When you make a personal injury claim, your compensation is going to be split into two parts, combined to form a lump sum. Those two parts are as follows: General damages, and special damages. ‘Special damages’ is the compensation awarded for financial losses related to your accident and injuries. You can claim back lost income including wages and benefits, such as Disability Support, and any relevant out of pocket expenses. Your special damages will form around 30 per cent of the total claim value, depending on the level of financial damages and lossesthat you have sustained because of your accident.