Limitation Arguments
Limitation Arguments
Many of our successful clients were initially reluctant to bring a claim for compensation following a personal injury because they believed they had not acted quick enough. If you believe you have a claim for compensation following the negligent act of a person, organisation or public body, please talk to one of our expert, approachable solicitors immediately. Even if your injury occurred some time ago, you may still be able to bring a claim.
How much time do I have to bring a personal injury claim?
The Limitation Act 1980 states that, subject to limited exceptions, a personal injury claim must be brought within three years of;
- the date of the accident, or
- the date in which the claimant had knowledge of the injury (this often applies to cases of industrial disease such as Mesothelioma cancer, where symptoms do not present themselves for decades after exposure to asbestos).
What are the exceptions to the Limitation Act 1980 applying to a personal injury claim?
The Limitation Act 1980 will not apply to the following personal injury claims (this list is not exhaustive):
- accidents which take place abroad
- aircraft accidents (The Montreal Convention applies)
- animal injuries where strict liability applies
- defective product claims
- radioactive matter claims
Can the court allow a case to proceed even if it is out of time?
The court has the discretion to allow a claim to proceed, even if it is outside the period allowed by the Limitation Act 1980.
When deciding whether or not to allow the claim, the court will undertake a balancing exercise between the relative prejudice likely to be caused to either party in allowing the claim to proceed. The factors relevant to this will include:
- the length of, and reasons for the delay in bringing a compensation claim for personal injury
- the effect of the delay on the strength of any evidence to be presented
- the extent to which the claimant acted promptly and reasonably once they knew they had a valid claim
Our solicitors and barristers have the experience and knowledge required to make a successful submission to the court if your claim would otherwise be time-barred. We are dedicated to client care and providing sensitive service and can visit you at home if you find it difficult to come into our office.
