Personal Injury Claims Advice – When Should I Claim?

Personal Injury Claims Advice – When Should I Claim?

The clocks moving forward (ugh, an hour gone! But hurray for longer daylight hours!) got me thinking about how fast time moves. It only feels like yesterday since the clocks were being put back in preparation for Christmas. Christmas only feels like two minutes ago! It’s true; as you get older, time flies faster.

This, amongst several other reasons, is why a claim for compensation needs to be pursued sooner rather than later. There are strict time limits for people to claim; you’ve probably heard of the line “have you had an accident in the last three years?” It’s because, in most cases, you only have three years from the date of an accident to bring a claim for compensation.  If you miss this vital deadline, your claim could become statute barred – meaning you cannot continue with a claim or make a claim at all.

You may think three years is a long time; and you may then think you should wait a little while to mull things over. It’s always advisable to have a think about things before going ahead with your claim, but realistically, you should launch your claim as soon as possible.

Why?

• Events will be fresh in your mind: making your first hand witness account of how the accident happened stronger and more thorough.
• Witness Evidence: witnesses to your accident will also be able to provide better accounts based on the events remaining fresh in their minds.
• Evidence Itself: Most places only keep CCTV footage for two – four weeks. CCTV footage can be the making or breaking point of a claims success – getting a lawyer as soon as possible should protect your position. It only takes a formal letter from an intelligently minded lawyer to be faxed and sent by recorded delivery to the establishment with the footage available, and to any head office as well.
• Medical Treatment: as a specialist firm of personal injury lawyers, we can assist you with private medical care at no costs whether the claim wins or loses from the outset of the case. It’s not a problem if you’re all healed up by the time a claim is settled; but your road to recovery could be much shorter with private medical care from the outset of your claim.

The rules differ depending on the circumstances and the victim involved. Children actually have three years from the date of their 18^th birthday (i.e. three years from when they reach adulthood / their 21^st birthday) in which to make a claim. This rule is there to protect any minor that is unable to make a claim whilst they are under the age of 18 if there is no one to represent them; you must be 18 years of age or older to be a legally represented claimant for a claim in the vast majority of instances.

If you sustained a repetitive strain injury, you normally have three years from the date of knowledge to claim; the date of knowledge is defined by the date you became aware that your injuries / suffering resulted from negligence of another person / company. This is commonly the date your doctor or medical practitioner sheds light on why you are in pain from what you have put down to unknown causes.

For criminal injury claims with the Criminal Injuries Compensation Authority, the application form needs to be submitted to them within two years from the date of the incident.

There are on occasions exceptions to these rules. If you have been incapable of initiating a claim before your time limit expires, leniency can be shown.

To protect your position, I recommend that you initiate your claim sooner rather than later for the above important reasons. Always get in touch with an independent expert injury lawyer for help and advice on moving forward with a claim the right way.