{"id":10217,"date":"2012-08-16T15:04:08","date_gmt":"2012-08-16T14:04:08","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=10217"},"modified":"2012-08-16T15:05:10","modified_gmt":"2012-08-16T14:05:10","slug":"limitation-to-claim-is-time-running-out","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2012\/08\/16\/limitation-to-claim-is-time-running-out\/","title":{"rendered":"Limitation to Claim \u2013 Is Time Running Out?"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/wp-content\/uploads\/2012\/08\/claims-timeline-300x214.jpg\" alt=\"\" title=\"claims-timeline\" width=\"300\" height=\"214\" class=\"alignright size-medium wp-image-10219\" \/><strong><em>IMPORTANT: the advice in this blog is for general information only. Do not use this guide for confirming exactly when your limitation date is. You should speak to a qualified expert <a href=\"http:\/\/www.theinjurylawyers.co.uk\/\">injury lawyer<\/a> to confirm when the limitation to claim will expire. <\/em><\/strong><\/p>\n<p>When thinking about bringing a claim for <a href=\"http:\/\/www.theinjurylawyers.co.uk\/personal-injury-claims.php\">personal injury<\/a> the first thing on your mind may not be, \u201chow long ago did this happen?\u201d<\/p>\n<p>However, personal injury claims in the UK are subject to strict time frames as outlined by the Limitation Act 1980. Failure to bring a claim within the time limits set out by this Act may mean that the only way around the rules is to get special permission from the courts \u2013 easier said than done!<br \/>\n<!--more--><br \/>\nLimitation for most personal injury cases is 3 years from the date of the accident or incident which caused the injury (e.g. if you fell and hurt your knee on the 5<sup>th<\/sup> June 2012 you wouldn\u2019t be able to bring a claim after the 5<sup>th<\/sup> June 2015 \u2013 generally speaking).<\/p>\n<p>However, things are not all that they seem; what if there is no accident or incident which suddenly brought about an injury? For instance a factory worker (let\u2019s call him Dave) who develops a Repetitive Strain Injury (pain and swelling in the muscles perhaps) through having to lift heavy loads with improper training or being made to follow an unsafe working practice. Dave\u2019s injuries have been caused gradually over time and it is impossible to fix an exact date on when he developed his injury. Fortunately the Limitation Act has this situation covered, if Dave went to see his GP and was told that his pain was caused by his working practice then this would be classed as a \u201cdate of knowledge\u201d and could be taken as the starting point for working out the 3 year limitation period. So, if Dave saw his GP on 20<sup>th<\/sup> July 2012 and was given the information about his work causing his pain, he would have until 20<sup>th<\/sup> July 2015 to bring a claim \u2013 generally speaking.<\/p>\n<p>Claims by children are also different under the Limitation Act &#8211; under 18\u2019s are not normally able to claim <a href=\"http:\/\/www.theinjurylawyers.co.uk\/100-percent-compensation-4u.php\">compensation<\/a> by themselves; however, if they suffer an injury that they could bring a personal injury claim for, their limitation normally begins at their 18<sup>th<\/sup> Birthday. So, if a child was injured on their 14<sup>th<\/sup> birthday on the 5<sup>th<\/sup> August 2012, they would be 18 on the 5<sup>th<\/sup> August 2016 and would have until 5<sup>th<\/sup> August 2019 to bring a claim. Although this is ok it is much more common for a parent or guardian to bring the claim for the child as a litigation friend with any compensation being held in a trust fund until the child\u2019s 18<sup>th<\/sup> Birthday.<\/p>\n<p>This is all well and good in England and Wales, but what happens overseas? If you should have an accident while travelling abroad (i.e. an accident while the plane is in flight or the boat is at sea) then the limitation is reduced to only 2 years. The good news is that if your claim falls within the Package Holiday Regulations \u2013 legislation covering the sale and administration of package holidays \u2013 then the limitation period is 3 years as if you were in the UK.<\/p>\n<p>Sometimes the limitation comes with extra rules as well; the Criminal Injuries Compensation Scheme provides compensation for the innocent victims of violent crime but limits the time to claim to 2 years and only if the person making the claim has reported the incident to the police and received medical attention within 48 hours of becoming injured.<\/p>\n<p>If you are thinking of bringing a claim then it is always best to make sure that you are within these time limits, as with most things the early bird catches the worm, so why wait? <strong>Call us now on 0800 634 75 75 today<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>IMPORTANT: the advice in this blog is for general information only. Do not use this guide for confirming exactly when your limitation date is. You should speak to a qualified expert injury lawyer to confirm when the limitation to claim will expire. When thinking about bringing a claim for personal injury the first thing on &hellip; <a href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2012\/08\/16\/limitation-to-claim-is-time-running-out\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Limitation to Claim \u2013 Is Time Running Out?<\/span><\/a><\/p>\n","protected":false},"author":10,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,27],"tags":[],"class_list":["post-10217","post","type-post","status-publish","format-standard","hentry","category-articles","category-injury-claims-advice"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Limitation to Claim \u2013 Is Time Running Out?<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2012\/08\/16\/limitation-to-claim-is-time-running-out\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Limitation to Claim \u2013 Is Time Running Out?\" \/>\n<meta property=\"og:description\" content=\"IMPORTANT: the advice in this blog is for general information only. Do not use this guide for confirming exactly when your limitation date is. You should speak to a qualified expert injury lawyer to confirm when the limitation to claim will expire. 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