If you have been injured as a result of a road traffic accident, slip or trip, or an accident at work, then a claim must normally be lodged with the courts within 3 years of the date of the accident. After this date your claim would effectively be statue-barred and you will not be able to proceed. That said, it takes a lot of work and time to ensure that claim is ready and suitable for Court proceedings. It is in your best interests to bring a claim as soon as possible after the accident to ensure the following are preserved:
- CCTV evidence
- Witness evidence
- Documentary evidence
- Evidence of the dimensions of the defect which caused a fall.
Furthermore, when you instruct a Solicitor to bring a claim on your behalf you will probably be sent for a medical examination. The medical report produced will ensure that all of your injuries are documented and that you receive follow up tests that may be required such as MRI Scans and treatment such as physiotherapy to help you make a quicker recovery.
If you are suffering from one of the following conditions, then the limitation date is a slightly greyer area: –
- Noise Induced Hearing Loss
- HAVS/VWF
- Asbestosis/Mesothelioma/Lung Cancers
- Asthma/Temporary Exacerbation of Asthma
- Emphysema/COPD
- Repetitive Strain Injury
Limitation in cases of Industrial Diseases such as these is as follows: the claim must be started within 3 years of the date that you knew, or ought to have known, that your condition was caused as a result of your employment/exposure. In some cases that it is straightforward. However, the Courts have provided rulings that confirm that limitation can start to run before a medical diagnosis is made.
If, for example, a person is suffering from hearing loss, notices this, but makes no attempt to seek medical attention then limitation may already be running. The Court will assess a person’s knowledge based on the reasonable person test i.e., at what point would a reasonable person have sought a medical opinion on the cause of their condition.
It is therefore imperative that as soon as you notice your hearing/breathing isn’t what it used to be, or that you are suffering from pains/unusual symptoms in your hands/arms/back, you contact your GP to seek a diagnosis. Once you have spoken to your GP you should then make a contact with a Solicitor who can provide advice at that stage.
As with accident claims, the sooner a claim is brought for an industrial disease then the better prospects of success the claim will have.
The Limitation dates are different for injured children who must bring the claim before their 21st birthday and if the injured party is deemed incapable of managing their own affairs due to mental or other illness, then the limitation period is often more than 3 years. If you need more information, please contact a solicitor who deals with personal injury claims.
If you have suffered an accident and would like some advice, please call our expert team of lawyers on 0114 218 4000 or email info@tayloremmet.co.uk.
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