Personal Injury Claims

How long do I have to make a claim?

If you are considering making a claim it is important to contact us as soon as possible. There are time limits for starting a personal injury compensation claim, depending on the type of injury involved:

• If your injury was caused by someone’s negligence you must start court proceedings within 3 years of when you were injured. If you were not aware of the injury initially you have to start proceedings within 3 years of finding out about the injury.

• If you were assaulted you have 6 years from the assault to start court proceedings. If you are applying for criminal injuries compensation the period is 2 years.

• If you are claiming for an incident on holiday, at sea or in an aircraft there may be special time limits. Please contact us for advice on these types of claims.

• If you were injured abroad the time limits may be different depending on who you are claiming against and whether or not they are based in the UK, for example, a travel company or tour operator.

• If the claim concerns a child who has been injured time limits do not normally start until they are 18 years old. Please contact us for further advice.

How long will it take to settle my claim?

It is in everyone’s interests to process your claim without delay and many straightforward, lower value claims can be settled within a matter of months.

Various factors affect how long it will take to settle a claim.

An important factor is whether or not an admission is obtained from the party at fault early in the process. If the person or company you are claiming from denies liability then this can prolong the claim until we prove that they are responsible. Witnesses to an accident can be helpful in this respect as they can add to the strength of your claim.

Identifying the correct defendant can also be an issue in some claims - for instance, if you have a slip or trip on a public footpath due to utility work being carried out on it. In a case like this we would have to ascertain who is responsible for maintaining a safe environment for pedestrians. Is it the local council, the utility company or the sub-contractors who are carrying out the work?

The nature of the injury suffered will often dictate the length of time your claim takes to settle. If you suffer a minor injury which heals completely within a few weeks your claim should progress quickly. Injuries which require ongoing treatment can take longer to settle. In these cases we have to assess what the long term implications of the injury are. We have to look at the medical evidence to ascertain whether you are likely to recover fully or if you will have ongoing problems.

This will also affect the value of your claim. In some cases it may not be in your best interests to settle a claim early, as it can take time to fully understand the level of ongoing injury and the impact it will have on your life. In certain circumstances an interim payment may be available. Our specialist solicitors will advise you under these circumstances.

Contact us for a consultation or follow the links for more information.