If you’re wondering, “how long after an injury can you claim compensation?” then this guide could help. Below, we will look at the time limits that apply to personal injury claims.
In addition to this, we will look at the eligibility criteria for making a claim. You may be wondering what your settlement could consist of; we’ll look at how payments in these claims are valued and what kinds of damages they can be made up of.
We also invite you to contact us for a free assessment of eligibility for your claim. If your case is valid, we could connect you with expert professional legal help to get started. Simply :
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- How Long After An Injury Can You Claim Compensation?
- What Accidents Could Potentially Lead You To Make A Personal Injury Claim?
- What Evidence Could Help You In The Personal Injury Claims Process?
- Personal Injury Claim Calculator – What Could You Receive?
- What Are The Benefits Of Making A Personal Injury Claim On A No Win No Fee Basis?
- Learn More About How To Make A Serious Injury Claim
A piece of legislation called the Limitation Act of 1980 states that there is a three-year time limit for starting a personal injury claim. This timescale can start from either the date of the accident itself or the date of knowledge. The date of knowledge is when you first become aware that negligence was the cause of your injuries.
This limitation period can vary in certain circumstances. For example, if the person injured doesn’t have the mental capacity to claim, the time limit can be suspended while this is the case. Also, if the injured person is under 18, the three-year period does not begin until their 18th birthday. At this point, they have 3 years to start their own claim
Alternatively, a litigation friend can undertake the duties of a personal injury claim on the behalf of someone who cannot claim themselves. They can do this while the time limit is suspended.
Our team are happy to explain more if you get in touch. Furthermore, they could assess the validity of your case and connect you with a lawyer.
There are several pieces of legislation that set out the duty of care you’re owed in different situations. Briefly, they are:
- The Health and Safety At Work etc Act 1974 – in the workplace
- The Occupiers’ Liability Act 1957 – in public places
- The Road Traffic Act 1988 – on the roads.
A duty of care means a responsibility for your safety. If this duty is breached, and you’re injured, this is an example of negligence. Below are some examples of how you could be injured because of a breach in duty of care.
- A slip, trip or fall on unmarked wet floors in a public place.
- Falling from a height because your employer failed to put scaffolding together correctly
- Being hit by a moving object because of faulty machinery
- A restaurant accident in which you are burned with hot food because the server was not provided with proper training
- You collide with a road user who failed to stop at a give way sign, causing them to hit the side of your car, causing a neck injury.
- You sustain a manual handling injury because your employer makes you lift an object that is too heavy to handle alone
A successful personal injury claim requires that you show you were injured because of negligence on the part of the persons with a duty of care to you. Speak with an advisor today for free legal advice about claiming.
Whether the accident and injuries were caused in the workplace, in a public area or on the roads, you might be wondering what evidence is needed to support your claim. For example, you could:
- Take photos of the area and injuries
- Gather CCTV and/or dashcam footage
- Keep a diary of symptoms and treatment
- Obtain medical records such as copies of X-rays and prognosis reports
- Ask any witnesses if they would be willing to provide a statement at a later date, and if so, take their contact details
- Ensure the accident book is completed. There might be one present in a public place or in your workplace.
Call our team and they can help assess eligibility in a free, no-obligation phone call today. They could connect you with a lawyer, who in turn could help you collect proof to support your claim.
When you make a successful claim, you could receive up to two heads of claim. General damages relate to the pain and suffering that your injuries have caused you. Solicitors can use the Judicial College Guidelines to help them value claims. This publication details guideline settlement brackets for a number of different injuries.
We include an example from these guidelines below. These figures should only be used as guidance and not as guarantees, as the amount you’re awarded could differ.
Judicial College Guideline Amounts
|Area Injured||How Severe?||Award Bracket||Notes|
|Head/Brain||(b) Moderately Severe||£219,070 to £282,010||Limb paralysis and cognitive issues that cause permanent dependence on others|
|Knee||(a) Severe (i)||£69,730 to £96,210||Serious disruption to the joint, gross ligament damage that causes significant pain and requires lengthy treatment|
|Leg||(b) Very Serious (ii)||£54,830 to £87,890||Permanent mobility issues and the need for walking aids for the remainder of the persons life|
|Arm||(b) Injuries Resulting in Permanent and Substantial Disablement||£39,170 to £59,860||Serious fractures to one or both forearms causing permanent cosmetic or functional effects|
|Ankle||(b) Severe||£31,310 to £50,060||Injuries that require a prolonged period in plaster or with the insertion of surgical pins|
|Pelvis||(b) Moderate (i)||£26,590 to £39,170||Significant injury but any permanent disability is not serious and future risk is not great|
|Back||(b) Moderate (i)||£27,760 to £38,780||Compression and crush fractures causing constant pain and discomfort.|
|Neck||(b) Moderate (i)||£24,990 to £38,490||Fractures and dislocations that cause immediate severe symptoms and may require surgery|
|Wrist||(c) Wrist Injuries||£12,590 to £24,500||Less severe injuries that cause some level of persisting pain and stiffness|
|Foot||(g) Modest||Up to £13,740||Metatarsal fractures, puncture wounds and ligament tears leaving a permanent limp and degree of pain|
You could also be awarded special damages to take into account the financial impact of your injuries. This could cover:
- Loss of income or impact on future earnings
- Travel and prescription costs
- Adaptations to home or vehicle
- The cost for domestic help as you recover
- Medical treatments you have had to pay for
Evidence could support a claim for special damages, and this could include receipts or invoices to show what you have spent, as well as payslips to show the earnings you have lost. Speak with our team for guidance on this and an answer to the question, “how long after an injury can you claim compensation?”.
You may be considering legal help to get started in a compensation claim. Solicitors offering their services under a No Win No Fee agreement could offer many benefits to you. A commonly used version of these is called Conditional Fee Agreements
This generally means:
- No upfront fees
- No fees to pay as the claim progresses
- Nothing to pay your lawyer if your claim is lost
Should your claim be successful, a success fee will be deducted by your No Win No Fee solicitor. This is subject to a legal cap, ensuring you always get the majority of your settlement.
Contact Us To See If You Can Claim Today Using Our Panel Of No Win No Fee Solicitors
To learn more about how long after an injury you can claim compensation or any other information relating to your claims, please connect with our team by:
- Calling us on 0208 050 2736
- Contacting us online for further help
- Using the live support option at the bottom of the page
We hope that this guide has helped to answer the question, “how long after an injury can you claim compensation?”. The articles below come from our website and offer further reading:
- Read more on how to file a workplace injury claim
- Also, there’s more information about how to claim for an accident in a shop
- Further details on road traffic accident claims
As well as this, the following resources offer more help:
- Preventing slips, trips and falls in the workplace
- Guidance from the Royal Society For The Prevention of Accidents (RoSPA)
- The Highway Code offers guidance to road users
Writer Jeff Wage
Publisher Fern Stewart