When Can I Make My Claim?

When Can I Make My Claim?

If you have been injured in an accident that was somebody else’s fault, then you can make a claim for personal injury compensation within three years of the accident. This is the standard limit in which a personal injury claim for compensation must be made in the UK.

The three year deadline begins from the date of knowledge. The date of knowledge is the date that you knew your injury was linked to the accident.

When Can I Make My Claim?

However, there are four main exceptions to the usual three year limit.

Here’s what you need to know:

  • If you were under 18 at the time of the accident, you will be classed as a minor at the time of the accident. The three year limit only kicks in once you turn 18. If you wish to make a claim before you are 18, somebody can do this on your behalf.
  • If you lack mental capacity, the three year limit does not apply to you. You can make a claim for personal injury compensation anytime you like. What’s more, you can have somebody make a claim on your behalf at anytime.
  • Special rules apply to patients treated under the Mental Health Act 1983. In these cases, the three year deadline only begins from the date that the person is discharged as a patient.
  • If the signs and symptoms of an injury did not present themselves immediately, then the date of knowledge may start from the date the injury became clear. You will be able to claim from the date your injury surfaced, and not the date of the accident.

The vast majority of personal injury claims are made within three years of an accident. If your date of knowledge is after the date that the accident occurred, do not be put off from making a personal injury claim; your solicitor will prove that your injury is directly linked to the accident through one or more medical examinations and will build a strong claim case for you. They can also advise you on  whiplash compensation average amounts.

Also remember that you have the right to make a claim for personal injury compensation under UK law. If you or someone you know has sustained an injury from an accident that was somebody else’s fault, you should seek legal advice today. You can call the AAH 24/7 Advice line on 0800 689 0500 or from your mobile on 0333 500 0993 and speak to highly trained legal advisors who will discuss your eligibility to make a claim.

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