LIMITATION DATES FOR PERSONAL INJURY ACCIDENT CLAIMS FOR ENGLAND AND WALES
One of the most common questions we are asking in the Personal Injury department at Martin Kaye, is how long do I have to make a claim?
The limitation dates which are applicable to personal injury claims in England and Wales, are governed by the Limitation Act 1980. This outlines general rules, exceptions and specific provisions for different types of claims, including those involving children, and individuals lacking capacity.
The general rule for limitation dates is that a claimant has 3 years to bring a personal injury claim. This period typically starts from the date on which the cause of action occurred, normally the date of accident or injury.
For disease claims, the majority 3 year limitation date will start to run from the “date of knowledge” of the injured person, if this date may well be before the date of diagnosis. The date of knowledge is defined as the date when the Claimant first realised that the injury was significant, and attributable to the defendant’s actions.
- For children under the age of 18, the limitation period does not start until their 18th birthday.
- For individuals lacking mental capacity, the limitation period does not start until they regain capacity.
There are times when the Court may consider that the limitation date may be extended beyond the 3 year limitation period under Section 33, of the Limitation Act 1980. This is at the Courts discretion.
In the case of a person who has been injured as a result of a criminal act in England and Wales, then they may be able to claim compensation under the government scheme from the Criminal Injuries Compensation Authority. A claim has to be submitted to the authority within 2 years of the date of the event which caused the injury for adults, and for children 2 years from their 18th birthday. There is no requirement to issue Court proceedings for these claim, the matter just has to be submitted to the Authority before the 2 year limitation period.
Some other exceptions to the 3 year rule are:-
Accident which occurs on a boat to include cruises, these accidents fall under The Athens Convection and provide a 2 year limitation date from the date of disembarkation. However, it is always best practice to take the 2 year date from the date of the cause of injury. As the 2 year limitation date cannot be extended by the Court under the Section 33 of the Limitation Act 1980.
Accident which occurs on board an aircraft are governed by The Montreal Convection, and also provides a 2 year limitation date. This normally runs from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. This also covers accidents which occur whilst embarking and disembarking an aeroplane. There is case law which is suggestive that this could even be whilst in the departure lounge.
It is crucial to establish the date of the accident or date of knowledge at the beginning of a claim to ensure that any limitation date is not missed. When approaching the imitation date in an accident claim, the representative for the injured party will issue Court proceedings for the party which will ensure that the case can continue beyond the limitation period.
It is always best to seek advice from a firm of Solicitors as soon as possible to discuss any claim you may have so they can provide you with advice about any limitation date for your action.
We are happy to offer a first free interview either over the telephone or in person at one of our offices at Telford, Wolverhampton or Shrewsbury. We can offer a “no win, no fee” funding option which will be discussed with you.
Please contact us claims@martinkaye.co.uk or call us on 0800 975 6066.
