subject: Personal Injury: Claim Timeframes [print this page] Personal Injury: Claim Timeframes
If you have suffered an injury or contracted an illness because of another person's negligence then you may be able to make a personal injury claim for compensation.Compensation is paid for loss of earnings, pain, suffering or any other loss as a result of the accident or illness.
The amount of compensation you can claim depends on the circumstances of the accident; a legal adviser should be able to give you an estimation once they have reviewed all the details of your situation.
It is important to see a solicitor as soon as possible after your accident or illness as there are timeframes within which a personal injury claim must be made. The general rule of thumb is that a claim should be made within three years from the date of the accident, or the date of knowledge. This is not exhaustive and there are exceptions to the rule. For example, minors i.e. those under 18 have a period of three years from the date of their 18th birthday in which to bring a claim. If you are assaulted, there is a two-year time limit, from the date of the incident, in which one should lodge a claim with the Criminal Injuries Compensation Agency ( C.I.C.A). Accidents which occur outside of the UK also may have different time limits. Therefore, the sooner you take action the better, so don't delay when it comes to making your claim.
Accidents can take place in many places; at work, on the road or in a public area. An accident at work could happen because of incorrect training or faulty equipment and as employers have a duty of care for employees, they are responsible for activities carried out in the workplace.
If your accident occurred in a public place, for example if you tripped on an uneven paving stone, this may give rise to a public liability claim and compensation may be due.
Medical negligence is another common reason for a compensation claim as many individuals experience some form of medical or clinical negligence whilst being treated for another condition. Other circumstances for compensation include injuries or illness related to a holiday or travelling abroad or even injury/illness caused by a product you have purchased.
There are two main elements to the compensation awards made in a personal injury claim. The first is called general damage and covers the pain and suffering you may have experienced along with any loss of amenity, for example not being able to take your children to school.
The second element is called special damages and relates to loss of earnings. Special damages compensation aims to reimburse you for all finances lost as a result of the accident/illness. This may include loss of earnings as well as the cost of any required treatments, so remember to keep the receipts for any treatment you have paid for.
The more information you can provide when making a claim the better so gather together as much evidence as possible to demonstrate your financial losses.
The first step in the process is to seek the help of a solicitor who specialises in personal injury claims. He or she can advise you on the best course of action to take and will negotiate and settle all elements of the claim on your behalf.
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