|
|
|||||
Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
|
|
|||||
Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
Claiming Compensation when Injured in Public Place
Making a Personal Injury Claim
Limitation on Personal Injury Claims
A personal injury is both a physical injury and a psychological injury.
Limitation period is a fixed period laid down by legislation for bringing a case for legal proceedings. Once this limitation period is expired, legal proceedings will not take place. Nevertheless the limitation period only starts from the earliest time at which an action could be brought. No claim or proceedings can be brought after the limitation period expires as the case will become statute barred under the Limitation Act 1980. Nevertheless there are exceptions to this rule which are stated below.
The authorised limitation period is three years. This is authorised by the Limitation Act 1980 section 11. Nevertheless time starts to run from the date the injury was sustained or from the injured person’s date of knowledge. According to Limitation Act 1980 section 14 (1), date of knowledge is the date when the claimant became aware of three things. Firstly, it is the date the claimant found out that the injury was significant enough to justify legal proceedings for damages against the defendant. The test is whether a reasonable person with that knowledge would have considered the injuries to be significantly serious for legal proceedings. Secondly, the date when the claimant realised that the defendant’s activity caused his or her injury. Thirdly, time only starts to run once the identity of the defendant is clear and confirmed.
Knowledge is needed to enable the claimant to bring a claim. The date of knowledge does not need to be the date the injury or the accident occurred. This is the date when the claimant realised that his or her injury is a consequences of the accident or the event which occurred. There are some injuries which may not be visible or realised at the time of the incident but later it occurred or the claimant became aware of it through a medical examination. Hence the date of knowledge is the date the symptoms occurred or through a medical examination or opinion the claimant became aware of his injury.
This Limitation period is only for claimants who are above the age of eighteen. Claimants who are below the age of eighteen, the three years limitation period only begins from their eighteenth birthday. Moreover claimants who are being treated under the Mental Health Act 1983, their limitation period begins only when they are no longer recognised as a patient under this Act. Furthermore, if the claimant dies within the three years period, the three years period extends to three years from the date of their death, in order to make it possible for their relative to claim on their behalf.
Even though under section 33 of the Limitation Act 1980 the Court has discretion to extend the three years limitation period, but the Court only uses its discretionary powers in very rare and exceptional cases. The exceptions may be the circumstances of the accident or the claimant’s situation or the claimant’s conduct and response once he or she became aware of the injuries. Moreover when assessing delay, the Court will also assess whether the defendant acted promptly and reasonably once he or she knew that their action caused claimant injuries. Hence the Court will consider all the circumstances of the case which caused delay in proceedings the claim and if satisfied with the reason of delay, then only will extend the limitation period.
Ask your legal question using the box below and have a response from solicitor or barrister within minutes.
