Time limit laws for personal injury claims

Personal injury claims are subject to strict time limits which are set down by statute law. If you have an accident, you only have a certain amount of time to pursue a claim before the claim will be time-barred. If your claim is time-barred, it means you will not be able to recover any compensation regardless of your injuries or who’s at fault.

The time limit for pursuing personal injury claims is 3 years from the date of your accident, or 3 years from the date you realised your injuries were the result of a certain extent.

The latter is applicable particularly in cases involving asbestos-related illness. For example, if you worked in an environment using asbestos in the 1960s, you probably didn’t realise at the time that it could be causing you harm. However, in March 2010, for example, you might start to suffer from breathing problems and be diagnosed with mesothelioma as a result of working with asbestos. This would mean that you have until March 2013 – 3 years from the diagnosis – to pursue your claim.

Q. What happens if my claim doesn’t settle before the 3 year time limit?

A. Court proceedings have to be issued to prevent your claim being time-barred.

Q. Does the 3 year time limit apply to all injury claims?

A. No, if you have been a victim of a violent crime and you wish to make a claim through the criminal Injuries Compensation Authority (CICA) the time limit is 2 years. The 2 year time limit also applied to injuries sustained as a result of accidents on a boat, ship or aeroplane.

Call us at one of our offices to discuss your situation and we can help you go through your options.

Road Traffic Accident claims process

If you are about to pursue a claim for compensation for a road traffic accident (RTA), or are on the defence in a case, it is beneficial to have a good idea beforehand of what happens throughout the process.

This process outlined below applies to accidents in England and Wales after 6th April 2010 with a value between £1,000 and £10,000. Contributory negligence is not to be taken account of at the outset when determining if the case is in this process.

The following are specific exclusions of RTA claims:

–    Untraced drivers agreement
–    A party is deceased
–    A party is bankrupt
–    A party is protected

The work in an RTA claim is carried out in stages:

Stage 1

a.    A claim Notification Form (CNF) is sent direct to the Defendant’s Insurers (Annex 1).
b.    All boxes on the CNF are mandatory and must be signed with a statement of truth. NB. This document will be used as the Claim Form at any final hearing and must therefore be 100% accurate and preferably signed by the Claimant.
c.    The Defendant’s Insurers have 15 business days to respond. 30 days if it’s the MIB (Motor Insurers’ Bureau). Time will start the next business day after receiving the CNF. Time cannot be extended by agreement.
d.    For the case to remain within the process there must be an appropriate admission. That must consist of an admission of fact, breach and causation, although they do not have to agree the extent of the causation.
e.    If Contributory Negligence is alleged (other than failure to wear a seatbelt) it will leave the process.
f.    If Defendants deny liability they must give reasons. It will then leave the process and enter the pre-action protocol stage at the beginning i.e. they will have a full 3 months to investigate.

Stage 2

a.    Claimant’s Solicitors to obtain medical report. No need to nominate experts.
b.    One report is needed only unless it is clear at the outset a second report is needed or if the expert recommends a further report.
c.    Medical expert to prepare the report which needs to deal with all the issues set out in the Medical Report Form, although it appears they do not need to complete the actual form.
d.    The cost of obtaining medical records is not recoverable unless the expert identifies a need for the records.
e.    Report when received needs to be checked for factual errors before it is sent. Once it has been sent there is no opportunity to challenge errors at a later date.
f.    Within 15 business days of confirming the Medical report is correct, the Claimant’s Solicitors must complete a settlement pack and send it electronically to the Defendants along with the medical report receipts to special damages.
g.    In the settlement pack the Claimant’s Solicitors set out what figure we are seeking for general damages, special damages and whether there is to be a percentage reduction for contributory negligence. Special damages are all listed in separate boxes, no need to prepare a separate schedule.
h.    The Defendants have 15 business days to accept the offer or put forward a counter offer. They will complete the same settlement pack settling out what they agree with and what counter proposals they have.
i.    The Claimant’s Solicitors have 20 business days to consider any counter proposals. This time can be varied by agreement.
j.    If further medical evidence is needed, the Claimant’s Solicitors send an interim settlement pack and the medical report. An interim payment should then be made by the Defendants of £1000, although a higher sum can be requested. That sum should be paid within 10 days.
k.    If the Defendants deny causing the accident or quantum (the amount of compensation the Claimant deserves) cannot be agreed the case leaves the process. It will also leave if fraud is alleged, or if the Defendant does not comply with the timescale or if the level or interim payment cannot be agreed.
l.    If there is no agreement on quantum the matter will proceed to Stage 3, but before then, the Defendant will pay the full amount of their offer as set out in the Settlement Pack.

Stage 3 – if quantum cannot be agreed

a.    Claimant’s Solicitors complete the Stage 3 settlement pack and forward it to the Defendants. They have 10 business days to complete their section. If they do not comply with this timescale, the Claimant can make an application to the Courts anyway.
b.    Claimant’s Solicitors will send the following documents to the Court: CNF, Medical Evidence, Stage 3 Settlement Pack, including Final Offers in a sealed envelope, receipts for special damages and disbursement vouchers. No witness evidence is to be submitted.
c.    Request an Oral or Paper hearing.

Personal injury claims affecting state benefits

There is a possibilty that being awarded damages in a personal injury claim could affect what benefits you receive.

Some money will need to be paid back, for example, if you were awarded past loss of earnings but had also been receiving incapacity benefit then the amount of incapacity benfit you received would need to be repaid.

Damages received for your pain and suffering are ring fenced so that they are protected from being deducted by any state benefits received. The amount of any received damages money can, however, affect your future entitlement to certain means tested benefits.

In some circumstances we may advise you to set up a Personal Injury Trust as this would protect your position in respect of any means tested benefits.

If you have would like any advice regarding a personal injury claim, call one of our offices:

Southampton: 02380 90 90 91
Bournemouth: 01202 299 992
West Moors: 01202 863 933
Ferndown: 01202 875 646
Wimborne: 01202 849 242

Or email us your enquiry using this form.

For more information about personal injury claims and how we can help you, click here.

Out of order: Injuries from faulty work equipment

If you have suffered a personal injury caused by faulty work equipment, you may be eligible to make defective work equipment claims against your employer in order to seek compensation.

In the UK, most of the defective work equipment accidents happen due to the failure of the employers to comply with the law. It is the duty of your employer to comply with health and safety regulations and protect you from all risks of accidents and injuries and to ensure that you are provided with the right equipment to carry out your work.

This responsibility lies under The Provision and Use of Work Equipment Regulations which came into force in 1998 to ensure that all work equipment is maintained in good working order and is suitable for the job in hand.

‘Work equipment’ defines any machinery, appliances, apparatus, tools or installation used at work. This can include mobile equipment such as a postman’s bicycle, hand-held power tools, ladders and forklift trucks.

If you have been involved in an accident and work and suffered an injury and you think your employer is to blame for not complying with The Provision and Use of Work Equipment Regulations, you may be entitled to pursue a claim for compensation.

Call us for a free initial consultation and we can advise you about what to do next:

Southampton: 02380 909091

Bournemouth: 01425 278866

West Moors: 01202 863933

Ferndown: 01202 875646

Wimborne: 01022 849242