Cases Close To Limitation
Most personal injury claims have a strict time limit applied to them. In most cases this means you must take court action before the time limit expires to keep your claim alive. The vast majority of pi cases in the UK must be pursued within 3 years of the date of the accident or date of knowledge of a medical condition cause by another’s negligence (eg. RSI claims)
Missing a limitation date is every personal injury solicitor’s worst nightmare. For this reason, many lawyers will not help clients with a short time before that limitation expiry date. Not us! We are prepared to take on cases close to limitation where you have only a matter of a few months, weeks and in some exceptional circumstances, only a few days before the limitation expiry date.
Why are we prepared to do this?
Well, we strongly believe in helping people. We know that taking on a personal injury case with a short time window may mean we have to work incredibly hard to ensure your claim is kept alive. However we get immense satisfaction from helping people who may have nowhere else to turn. We find that when we help you, you remember us and recommend us to others.
We do not buy cases from accident management companies. We rely solely on our existing and previous clients’ recommendations and our own marketing initiatives to generate new business and we have found that because we are prepared to help people where no-one else will, our clients remember us and recommend us to others, even 10 years after we helped with your case.
The time limit may be about to run out – feel free to check the most common limitation periods in the guidance below but we always recommend you speak to us directly by calling now on so we can double check the dates that apply to your own case:
Usual Limitation Rules For Most Accidents
If aged 18 or over at the date of the accident or injury – 3 years from the date of the accident or injury
If you were under 18 at the time of the accident or injury – You have until your 21st birthday to pursue your claim
MIB Untraced claim
If you were involved in a car accident where the responsible driver could not be traced – You must submit your application to the MIB within 3 years unless you were a child when the accident happened in which case the rules relating to children’s claims apply.
Criminal Injuries Claims
The CICA apply a 2 year time limit to claims for compensation from this government backed scheme.
Accidents on board ships
This is where it gets complicated!
The time limit for a claim is 2 Years from the date of disembarkation or, in the event of death or personal injury, 2 years from the date on which disembarkation should have taken place.
The only exception to this limitation period is where personal injury occurs during the journey but death occurs after disembarkation. In such cases the Limitation period is two years from the date of death but cannot exceed three years from the date of disembarkation.
Limitation is to be decided by the Courts of the country in which the case is heard but the overall period cannot be extended more than three years following the date of disembarkation.
The Parties can agree that limitation is extended beyond this period or the carrier can decide unilaterally that it is by way of written declaration.
The usual Health and Safety Regulations are not applicable. As with passenger claims the limitation period is 2 years. This is calculated for personal injury purposes as 2 years from the date on which the injury occurred.
Accidents at Airports and on Aeroplanes
Accidents at airports which have occurred after the Claimant has gone through passport control at his or her point of departure and before s/he has gone through passport control at his or her place of arrival are dealt with under the terms of the Montreal Convention.
Accidents which occur on board an international flight also fall within the scope of the convention. Article 35 of the Montreal Convention tells us that limitation is held to be 2 years following the date of arrival at the passenger’s final destination or 2 years from the date on which the aircraft was due to arrive at its final destination.
An accident which occurs at an airport but before the Claimant has passed through passport control, will not fall within the scope of the Convention and will give rise to an claim against whichever company or organization manages the airport. The time limit for these claims is the traditional 3 years from the date of the accident or the date of knowledge of injury, for those over 18.
Accidents on Domestic Flights
The Montreal Convention does not apply to Domestic flights within the UK, i.e where the destination and departure airports are within the United Kingdom.
Claims for injury or illness sustained on such flights can be brought against the Carrier or Travel Company and have to be made 2 years from the date of arrival or the date on which the aircraft should have arrived.
The clock is ticking in your case and we can only assist you if you get in touch with us NOW!!! We will need to take a full statement from you about your claim and also you should be able to explain why your case is so close to the time limit running out. Call us on and explain that you have a case close to limitation and we will fast track your case enquiry. It could be one of the most important calls you ever make!