Why acting fast is essential to your personal injury claim | Legal Blog

If you?ve suffered a personal injury and wish to make a compensation claim, you need to act quickly. In England and Wales, three years from the date of the injury is usually the maximum time allowed in which to make your claim.

That might sound like a lot, but bear in mind that making a claim does not mean talking to a solicitor, or taking the decision to pursue compensation. In fact, it means commencing court proceedings, which can take a while to get going, and it is for this reason that you should consult specialist personal injury solicitors as soon as possible after your incident.

As well as the legal factor, there are also practical considerations to take into account. The earlier you take action, the fresher the events will be in your mind and the more likely you will be to provide helpful recollections for your personal injury solicitors that could swing the case in your favour. It really is in everyone?s best interests for you to commence your claim at the first opportunity.

There are circumstances where this three-year limit does not apply. For example, if a child is injured, their three-year window does not begin until their 18th birthday.

Furthermore, if someone dies as a result of the injuries they have suffered, their family has three years from the date of death to make a claim, rather than from the date of the injury itself.

Also, if the victim was a patient under the Mental Health Act 1983 when they were injured, they have up to three years to bring a claim from the moment they are deemed well again and released from the Act?s jurisdiction.

In other cases, the court may extend the standard three-year limit in very exceptional circumstances. However, this is extremely rare and certainly not something you should hope to fall back on in every case.

Instances where the time available to make a claim is less than three years includes injuries sustained as a result of a criminal act. In these cases, a claimant will have just two years from the date of the incident in which to speak to a personal injury solicitor, and this is the same for adults and children. If a child has been injured, their parents should make a claim on their behalf because the time limit will not be suspended until their 18th birthday.

Finally, injuries sustained on boats and aeroplanes can only be pursued for compensation up to two years after the event. However, this does depend on the specific circumstances of the injury.

While these rules give an accurate guide as to how long you have to claim, they can change and as we have already said, it is much more desirable to take your case to an experienced personal injury solicitor as early as you can in order to stand the best chance of winning.

Source: http://www.primuslegal.com/why-acting-fast-is-essential-to-your-personal-injury-claim

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