Can I Claim Compensation for an Accident that Happened Years Ago?
Can you claim compensation for an accident that happened years ago? There are strict deadlines for claiming personal injury. In most cases of personal injury, there is a time limit for claiming. You have three years from the date of your accident to start your claim. However, if you do not know the time limit, you can find out if it is possible that the accident compensation claim can be made after three years.
Unfortunately, in most cases this is often not possible. However, there are situations where you can claim after the three-year period.
Circumstances When You Can Claim After Three Years
Some circumstances may mean that you will have more time to claim. These include:
Entitlement to children
If you are demanding for a child, there is a longer period. You can ask for them until their 18th birthday. If you haven’t claimed it before, they have three years from that date to claim on their own. This means that children can have an injury claim at any time until their 21st birthday.
Making a claim for someone
You can claim for someone who lacks the mental capacity to claim himself. This can be caused by brain damage or mental illness. In this case, you do not have to claim your rights within three years of the accident. You will not meet the deadline until the person you are requesting has the capacity to claim for them.
Date of knowing
It means the date on which you learned that your injury or illness was caused by someone’s negligence. It is more common in occupational diseases or allegations of medical negligence. This can happen if you are not aware that your poor health is caused by an injury. You have three years from the date of notification to claim.
Death during the purchase process
If a loved one starts an injury claim on his own but dies during the process, you can seek claim on his behalf. The three-year period begins to run again from the day of his death, so that you can complete the claim of the loved one. If you are claiming for the death of a loved one in a fatal accident, you usually have three years to apply. If you are not sure whether your complaint is timely, contact the
Court. The court may take a decision whether an exception is possible. However, this happens only rarely.
You must also prove that you acted as soon as you learned of your injury. There are also situations where you have less than three years to claim. For instance, you could be injured in a country where time limits are shorter. But if you’re on tour when you’re sick, you have an average of three years to apply. In the meantime, the claim period for an injury on an international flight can last up to two years, depending on the convention signed by the registered country of the aircraft. If you are unsure of the date, contact a personal injury lawyer.
Claims for personal injury are filed through a separate system – the Crime Compensation Office. This gives you two years to apply. Although there are exceptions for some people who make specific claims, most people have to take legal action within three years of the accident. Three years may seem like a long time, it passes quickly. This means that it is best to start a claim as soon as possible. The sooner you start making your claim, the sooner you can get some evidence, such as CCTV or police reports. Immediate initiation of a complaint will give you the best chance to file everything on time. You can also have it much easier to remember all that occurred to you. Anyone who has witnessed your accident can find the same.
Are there any exceptions to the 3-year limit?
It is important to note that there are some exceptions to the 3-year limit. If you are making a paid claim for a child or decide to claim for yourself as an adult for damages when you were small, the duration of the claim can be more. The maximum time is your 21st birthday.
If you are looking for a loved one who lacks mental capacity and cannot make his own decisions, time limit is none.
Other cases exist where the period is shorter than 3 years. For example, claims for damages outside the United Kingdom will vary depending on the country where the accident took place. In the case of injuries, the time limit for bringing an action before the Office for Criminal Compensation is two years from the injury date.
Another exception is if you are looking for a complaint about medical negligence on the product. There may be a time limit on the basis of the first manufacturing date of the defective product.
As you can see, the deadlines for claiming personal injury compensation can be complicated and may vary depending on the circumstances of your case. In case you feel that you may be entitled, it is important to seek the advice of a specialist personal injury lawyer at the earliest opportunity and not wait for the time limit you consider possible.
Importance of Calling a Specialized Lawyer for Personal Injury
If you need help claiming an injury, just call a specialist injury lawyer. A competent adviser will let you know if you can make a complaint. Specialized injury lawyers have extensive experience in assisting all those who have been injured acutely in accidents.
Section 11 of the 1980 statute of limitations states that the period for claiming personal injury is 3 years.
Therefore, it is important to seek the advice of a specialist personal injury lawyer as soon as possible. In a few cases, the period applies from the day you first learned that your injury or illness was the fault or negligence of others. For instance, you may not realize for a long time that your occupational disease is caused by your employer’s inability to ensure your safety and health. These are often diseases caused by asbestos exposure that may not improve until several decades later. Your lawyer can explain to you more about all the applicable time limits in your case and what you need to know before you can start claiming for an injury.