If you have suffered physical or mental harm that was not your fault, have been the victim of a violent crime, or if a loved one has died as a result of a fatal accident, you could be eligible to claim compensation. Whilst you may have the right to seek compensation, you must do so within the compensation claims time limit relevant to your particular case.
In this guide, we explain what the different time limits are for personal injury claims, medical negligence claims, fatal accident claims, criminal injury claims and data breach claims. Additionally, we also explain the exceptions to these various time limits and when they may apply and answer frequently asked questions in the claims process.
To discuss whether you may have an eligible compensation claim today and receive free advice, you can contact one of our helpful advisors:
- Talk to us by calling us on 0333 000 0729.
- Make an online enquiry here.
- Or, use the live chat pop-up to ask a question.
Browse Our Guide
- What Is The Compensation Claims Time Limit For Personal Injury Claims?
- How Long Do I Have To Make A Medical Negligence Claim?
- What Is The Fatal Accident Claims Time Limit?
- Is There A Standard Time In Which I Need To Make A Criminal Injury Claim?
- Do The Time Limits Differ For Data Breach Claims?
- Can My Claim Be Settled After The Limit Has Passed?
- Why Trust Our Panel Of Solicitors With Your Claim?
- More Information
What Is The Compensation Claims Time Limit For Personal Injury Claims?
Understanding the various compensation claims time limits that apply to different types of cases is vital prior to making a claim. In the UK there are strict time limits in which you must start any type of claim.
The compensation claims time limit for personal injury claims is set out as 3 years within the Limitation Act 1980. This runs from the date that the accident took place.
What Are The Exceptions?
There are certain exceptions in place for personal injury claims. These apply to those who are :
- Minors: If the injury was suffered whilst the claimant was a minor, the three-year limitation period will not begin until their 18th birthday. This means that the time limit will run until they are 21 from this date.
- Lacking the mental capacity: The limitation period does not apply where the person lacks the mental capacity to claim themselves. If this person does regain their capacity, the limitation period will begin from this date.
A litigation friend may make a child injury claim or claim on behalf of someone with reduced mental capacity at any time.
To see if you could be eligible to make a personal injury compensation claim, and to check whether you are still within the time limit to do so, you can contact our advisors.
How Long Do I Have To Make A Medical Negligence Claim?
In the UK, the medical negligence compensation claims time limit is three years. This is also set out within the Limitation Act 1980.
This time limit runs from the date the medical negligence took place. This is the date you suffered avoidable harm due to a medical professional breaching their duty of care by providing you with substandard care.
Does The Date Of Knowledge Exception Apply To My Claim?
Alternatively, you could begin your medical negligence claim from the date of knowledge.
This means you would have 3 years to begin your claim from the date you first realised the harm you suffered was caused by the negligent actions of a medical professional.
This exception may apply in cases where the harm caused by medical negligence is not immediately apparent. For example, in cases involving retained foreign objects after a surgical procedure.
To see whether you may have a valid medical negligence claim, you can contact our advisors.
What Is The Fatal Accident Claims Time Limit?
The fatal accident compensation claims time limit is 3 years. This can either run from:
- The date of death.
- The date of knowledge – this can be formed on the date of an inquest or postmortem.
However, it is important to note that, within the first six months of a person’s death, only the estate of the deceased can make a claim. This is set out in the Law Reform and Miscellaneous Provisions Act 1934 (LRMP). This claim can be for the deceased’s paying and suffering, financial losses and on behalf of the dependents.
If the estate does not make a claim within these six months, qualifying relatives (dependents) may make a fatal accident claim for how the death has affected them, as stated under the Fatal Accidents Act 1976 (FAA).
To learn more about claiming as a dependant or the deceased’s estate, you can contact our advisors.
Is There A Standard Time In Which I Need To Make A Criminal Injury Claim?
If you have been the victim of a violent crime, you could make a criminal injury compensation claim. There are two routes to claiming compensation. The first of these is through the Criminal Injuries Compensation Authority (CICA). This is a government-funded agency that can compensate those who have suffered criminal injuries in Great Britain. The second way to claim is directly against the perpetrator.
The Time Limit When Claiming Through The CICA
The time limit to claim compensation through the CICA is generally two years. This runs from the date on which the incident took place. If exceptional circumstances prevented you from claiming within this timeframe, exceptions could be made. These will be decided on a case-by-case basis.
In cases where a minor (those under the age of 18 was criminally injured, and the incident was reported to the police, they will have two years from their 18th birthday to make their own claim.
Where the person was a minor, and a police report was not made at the time, the person will have two years to begin their claim from the date this report is made. However, they will need to show that there were exceptional circumstances preventing the incident from being reported sooner.
What If I Am Claiming Against The Perpetrator?
In some cases, you may be able to make a criminal injury claim directly against the perpetrator. For example, where they have been caught and convicted and where they have sufficient funds to pay compensation.
If you make a claim directly against the perpetrator, you will have three years to begin the claiming process.
To ask any questions about the criminal injuries compensation claims time limit, you can contact our advisors.
Do The Time Limits Differ For Data Breach Claims?
If you have suffered harm due to your personal data being breached, you will generally have up to 6 years to begin the claiming process.
To see whether you could be eligible to claim data breach compensation after your personal data was compromised, you can contact our advisors.
Can My Claim Be Settled After The Limit Has Passed?
Although you must begin your particular case within the relevant compensation claims time limit, this does not mean the claim must be settled within this time.
Various factors can affect how long your claim takes to settle, such as:
- The type of claim you are making.
- Whether liability is being disputed.
- How long it takes to gather evidence.
- Whether the claim needs to go to court or not.
Regardless of how long your claim may take, one of the expert solicitors on our panel could help guide you through every step of the claiming process. Contact our advisors today to see how they could help you.
Why Trust Our Panel Of Solicitors With Your Claim?
Regardless of which type of claim you are looking to make, one of the solicitors on our expert panel could help you. They have years of knowledge and expertise and will ensure your claim is started within the relevant compensation claims time limit
One of the solicitors on our panel could help you by working on a No Win No Fee basis. To do so, they could offer you what is called a Conditional Fee Agreement (CFA). By utilising a CFA, you won’t pay for the solicitor’s work upfront, during the process of claiming, or if the claim fails.
If you win your claim you will pay a success fee. This fee is a percentage of your compensation, and the percentage is legally limited.
To see whether a solicitor from our panel could help you with claiming compensation for your particular case, you can contact our advisors:
- Phone us on 0333 000 0729.
- Click here to make an online enquiry.
- Use our live chat.
More Information
More guides by us:
- Read about how to make a car accident claim for your injuries.
- You can read about making a personal injury claim for a slip, trip and fall here.
- You can read about hotel accident claims in our dedicated guide.
References:
- Check your entitlement to Statutory Sick Pay in this government resource.
- Learn when to call 999 from the NHS.
- Learn more about claiming compensation after an accident or injury from Gov.UK.
Thank you for reading our guide on the compensation claims time limit.
