Have you suffered an injury through someone else’s negligence, but think you are too late to make a claim?
You may not be aware, but you have a period of 3 years from the date of an accident, in which to bring your Personal Injury Claim, before it becomes what is known as ‘Statue Barred’. This is called a ‘Limitation date’.
For children who are under 18 at the time of their accident, this 3 year period runs from the date of their 18th birthday, therefore anyone who has had an accident under the age of 18, has until their 21st Birthday to make a claim.
The General rule is if the Claim is not made within this ‘limitation period’, then the Court will not allow the claim.
However, the law does give the Court the discretion to ignore this 3 year rule, if the Judge is satisfied that ‘it would be equitable to do so, and that a fair trial can still take place’
This recently happened when a 21 year old man contacted a Solicitor, with a view to pursuing a claim against the hospital where he was born. The Man, who was severely disabled since birth and has Cerebral Palsy, successfully argued that he should be allowed to sue the Hospital, even though he was out of time to do so.
If you have had an accident that was someone else’s fault, you should ideally contact a Solicitor straight away, who will be able to advise you whether you would be entitled to compensation.
However, it is worth investigating further, even if you think you are out of time, as there might be a chance that you may still be entitled to the compensation you deserve.
Pickworths Solicitors has a specialist Personal Injury and Clinical Negligence department offering “no win no fee”. If you require advice with regard to any aspect of making a Claim, then please contact either Martin White martin.white@pickworths.co.uk or Linsey Carroll linsey.carroll@pickworths.co.uk on 01442 261731 |
