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Respecting the time limit of personal injury claims

Respecting the time limit of personal injury claims

Respecting the time limit of personal injury claims


Being involved in a road traffic accident and suffering personal injury as a consequence is an exceptionally stressful and traumatic event for the victim and so the prospect of going to court may seem rather daunting. After all, devoting all their energy and concentration to ensuring that they are able to recover from their injuries and finally return to some semblance of normalcy is the crucial factor for such people.

Many people will wait until they have recovered from their injuries before they get in touch with a solicitor to handle their case. However, it is worth noting that this is not always a good idea because the law operates a variety of strict and tightly enforced rules concerning the requirements for bringing a lawsuit pertaining to their personal injuries.

Known as the "prescriptive period", a claimant seeking to bring legal action concerning harm they have suffered as a result of the negligence of another person must do within a period of time which is currently set at three years. According to the law, the clock will start ticking from the date of the accident and so delaying can be potentially counterproductive.

Many people will be lured into a sense of false security, dismissing the three year grace period as being of little concern for them, after all, that is plenty of time! In reality however, it is not time that is the issue, but rather, the effect time has on people. Specifically, people will forget things and become complacent and so personnel who may have been previously willing and happy to help with a case maybe no longer comfortable providing their support.

In cases of personal injury claims, problems will arise with regards to the testimony of eyewitnesses who were present at the time of the accident. Already a controversial and unreliable source of evidence gathering within the civil law system, the testimony of eyewitnesses will be further eroded and weakened with the passage of time.

It is important that you provide your solicitor with all the facts of the case, even if there are facts that may make your case weaker. The reason for this is that if it is later identified in court under examination then you failed to disclose a material fact then you may find that the damage to your credibility is so severe that your case is totally scuttled outright. You have been warned!
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