Personal Injury Lawyers in Ireland
If you have a personal injury claim, you need to be aware of the time limits on this. The time limits will vary depending on the injury and there are some exceptions that might apply. Of course, it is recommended that you get legal advice regarding your claim and the time limits in effect before you do anything else.
The Time Limits For Personal Injury Claims
In the UK, the time limits for personal injury claims are dictated by the Limitation Act 1980. The time limit will vary depending on the nature of the claim. It is important to note that there are other parliamentary acts which deal with the limitations for specific types of claims.
In general, you will have 3 years from the date of the accident which caused the injury to make a claim. This timeframe will also start from the date of knowledge of the injury if it is not the same as the date of the accident. If your claim does not include an injury and is purely contractual, you will have 6 years to make your claim.
The time limits for claims will become more difficult when you are looking at injuries caused by medical negligence. This is due to the fact that the injury caused by the negligence could take time to appear. In the most simple cases of medical negligence, you will have 3 years from the date of negligence to make a claim.
However, if the injury related to the negligence has taken time to appear the 3-year timeframe will start from the date of knowledge. The problem with this is that the date of knowledge can often be difficult to establish. If your claim is a more complicated medical negligence one, you should get help from a solicitor that specialises in these types of cases.
There are some exceptions to these time limits that you should know about. If the personal injury claim is being made for a minor, the 3-year time limit does not apply. The time limit that does apply will be their 21st birthday. This means that all claims for personal injury as a minor will need to be made before the person turns 21.
There could also be exceptions when the injured person is a protected party. Protected parties will include people who have mental disabilities. The exact exemption will vary depending on the claim and the nature of the mental disability.
What Happens If Your Miss The Time limit
If you do not make a claim within the time limit, your claim will generally be classed as time-barred. This is the defence that will be used by the other party and it will generally be successful. Once successful, the court will strike your claim and you will not be able to get any potential compensation.
However, there are times when the court will allow a claim to proceed even if it is filed after the time limit. These claims will need to be very strong and a very good reason will need to be provided to allow it to continue. Generally, filing a claim after the time limit has expired will result in your claim being struck.
Contributing Author – Personal Injury Solicitor Dublin, based in Dublin City and widely recognised as one of Ireland’s leading persoanl injury law firms.