At Direct2Compensation, we’re passionate about empowering personal injury claimants with knowledge about their rights. In an industry where there’s no dedicated consumer body championing personal injury rights, we strive to fill this gap by providing clear, actionable information. Understanding the time limits for making a claim is a key part of this knowledge.
The Three-Year Rule: What You Need to Know
The Limitation Act 1980 stipulates that you have three years from the date of an accident (or from the date you became aware of an injury) to make a personal injury claim. However, this legal maximum doesn’t tell the whole story:
Why You Shouldn’t Wait Three Years
- Evidence gathering: Your solicitor needs time to obtain medical evidence, instruct experts, and receive reports. This process can take several months.
- Witness statements: The sooner you start your claim, the easier it is to gather accurate witness statements while memories are fresh.
- Negotiation period: Most claims are settled through negotiation, which takes time. Starting early gives more room for this process.
- Risk assessment: Solicitors need to assess the viability of your claim, which becomes more challenging as the deadline approaches.
The Reality of No Win No Fee Agreements
While the law allows you three years to make a claim, the practical timeline for finding a solicitor willing to take your case on a No Win No Fee basis effectively makes the period in which you need to start your claim much shorter:
- Starting your claim within 2 years of the accident: It may become challenging to find a solicitor to take your case on a No Win No Fee basis after this point.
- Less than 6 months of the 3 years remaining: It’s almost impossible to find a solicitor willing to work on a No Win No Fee basis this close to the deadline.
Why Solicitors Need Time
Solicitors acting on a No Win No Fee basis typically require at least 6 months before the limitation period expires. Here’s why:
- Evidence gathering: They need time to collect and analyse all relevant evidence.
- Medical assessments: Instructing a suitable medical expert and then receiving their medical reports takes time.
- Negotiations: Time is needed to negotiate with the defendant’s insurers.
- Court proceedings: If necessary, they need time to prepare for and issue court proceedings.
Remember, the three-year rule requires that a claim must be registered in the courts within three years. While most claims don’t involve the courts, solicitors may need to issue court proceedings to protect your claim if time is running short and they will only be able to take this risk if the relevant evidence and reports have been obtained.
Exceptions to the Three-Year Rule
There are some exceptions to the standard three-year limitation period:
- Child claims: The three-year period doesn’t start until a child reaches their 18th birthday.
- Mental capacity: If the claimant lacks mental capacity, the time limit may not apply.
- Industrial diseases: The time limit starts from when you became aware of the condition. This is because industrial illnesses may take years to present – this is called the ‘date of knowledge’.
The Importance of Acting Quickly
Starting your claim promptly offers several advantages:
- Stronger evidence: Witness memories are fresher, and physical evidence is more readily available.
- Quicker resolution: The sooner you start, the sooner you might receive compensation.
- Less stress: You’ll have more time to consider your options without the pressure of an impending deadline.
- Better legal representation: You’ll have a wider choice of solicitors willing to take your case.
Direct2Compensation never rule anything out and are happy to go the extra mile to assist clients in making genuine claims. Indeed, we recently managed to move mountains to assist a client who contacted us with only 4 days of his 3-year period remaining. In normal circumstances, this would not provide sufficient time to enable us to help. However, the injuries sustained were very serious – the client could yet lose the leg that was injured.
We immediately contacted one of our specialist solicitors to discuss the case. The value of the claim for the client was high and all parties wanted to help. Following the advice from our solicitor, we decided to take the unusual step of registering the claim in the courts before contact was made with the 3rd party. Clearly, we had to make speedy investigations beforehand to ensure that we knew the identity of the parties involved to ensure that we were not wasting our or the client’s time. Once done, we paid the fee and decided that this claim was worth risking our time, money and effort upon.
We are happy to take such risks and put our money on the line to help such clients. Sure, if we win this no-win, no-fee claim for our client, we will get our money back plus fees, but that is not the point. We are a business with a keen ethical stance that ensures that we push the boat out to help individuals who are not always in a position to help themselves.
Sadly there is no organisation or body actively speaking up for personal injury claimants and their rights. The previous Government appeared to be at pains to reduce claimant rights and add protection to the very well funded insurance industry. Too many people come to us too late in the 3 year period, having initially felt unsure about making a claim or knowing whether they could. Sadly, when less than 6 months is available, it is often too risky for a solicitor to run a claim on a No Win No Fee basis. Solicitors need to ensure that they have enough time to receive responses from defendants and review disclosures before the 3 years are up, and they must also have obtained medical evidence from a claimant’s GP and had time to instruct a medical expert and receive their detailed report before they can consider risking involving the courts in the claim due to the costs issue. Our recommendation is always to make contact with a specialist in personal injury – like us – at the earliest opportunity, ideally very soon after an accident so that we can get you the advice you need and ensure that you have the best prospects of succeeding with a claim if you decide to pursue such action.
While the law provides a three-year window for making a personal injury claim, the practical reality is much different. To ensure the best chance of success, to maximise your claim value and to secure a No Win No Fee agreement with a reputable solicitor, it’s important to start your claim as soon as possible after your accident. At Direct2Compensation, we’re here to guide you through the claims process and help you understand your rights.
If you are in need of a reliable and approved claims management company to manage your accident compensation claim, look no further. We offer genuine peace of mind, honesty and a friendly caring service.
Frequently Asked Questions
The three-year period starts from the ‘date of knowledge’ – when you first became aware of the injury.
Yes, you can claim for injuries suffered on holiday or abroad, but different time limits may apply. It’s crucial to seek legal advice as soon as possible.
Yes, the time limit still applies even if liability is admitted. Always proceed with your claim promptly.
In rare cases, the court may allow an extension, but this is exceptional and shouldn’t be relied upon.
You have until your 21st birthday to make a claim (3 years from your 18th birthday).
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