Q. How long do I have to make a personal injury claim?
In England and Wales the (normal) time limit for personal injury claims is three years. This means that claimants have three years from the date of the accident to make a claim. If by the third anniversary of the accident the claim has not been settled, then court proceedings must be issued. Failure to do so could prevent the claim being pursued, regardless of whether another party was at fault for the accident.
If the accident happened at sea or in the air, a different time limit may apply, as it will if the time limits limitation periods as little as one year.
In some cases the illness/injury does not develop until some time after the "accident". For example people who have been exposed to asbestos may not know they have contracted a disease/illness for 10, 20, 30 or 40 years after the actual exposure. In those circumstances the three-year limitation period runs from the date of knowledge of the disease/illness.
Different rules apply to people under the age of 18 and people who do not have the mental capacity to give or understand instructions.
Q. Should I try and make a claim myself?
Claimants can conduct claims themselves in their own right. However we have personal injury specialists who can advise on the prospects of success, what evidence may be needed and what claims can be made. Remember, if the claim is lost, then the loser could be responsible for the winner's legal costs and expenses. It is possible to insure yourself against this risk and indeed, you may already have such cover without realising. We can advise you on this.
Q. If I win my case, who pays my legal costs?
The normal rule is that the loser pays the costs of the winner so long as your actual injuries are worth in excess of £1000 and/or your claim has (not including interest and your legal costs) a financial value of more than £5000. The amount that the loser pays can either be agreed or, in the absence of agreement, decided by the court. If your injuries are worth less than £1000 then only fixed legal costs can usually be recovered from the losing party.
