Solicitor Explains Whether You Need An Extension Of Time To Claim Compensation In The UK Following An Accident
Before you ask whether you need an extension of time to start your claim for compensation following an injury in the UK – you should first consider the following factors:
1. Are you out of time to make a claim for compensation?
This is a question which you might feel has an obvious answer, but to answer this question you are best speaking with a specialist solicitor immediately who can explain the rules in relation to how long you have to claim.
For example – the time period for making a claim only starts to run once you legally had knowledge of your injury, which in the case of industrial injuries and clinical negligence might be many years after the act of negligence which led to your injuries occurred.
Your child might have had an accident – in England and Wales that child has until his 21st birthday to claim compensation.
You can speak to me direct – simply click on the “free online legal help” link at the top of my blog.
2. What type of accident have you suffered?
The time period for claiming compensation can vary depending on the type of injury which you have suffered. For example, a criminal injury claim from the CICA would ordinarily have to be made within two years from the crime of violence.
There are exceptions for children and abuse cases – when the Criminal Injuries Compensation Authority will likely exercise discretion to extend the time period to make a claim.
In a RTA – the date of injury and date of knowledge of injury is typically the dame day – so you will generally have three years to claim.There are exceptions, such as those for children and adults with mental illness.
Use the link motor vehicle accident to read the article I have written explaining the time periods to claim for RTA’s.
Industrial disease claims, such as mesothelioma and occupational hearing loss, can present symptoms many years after exposure to a harmful work environment – your date of knowledge therefore can be many years after the injury was suffered and could require a medical expert to diagnose an injury.
What happens if you need an extension of time to claim compensation?
Extending the time period to claim is at the discretion of the courts – there might be a good reason for your delay in starting a claim. Be warned of the saying “ignorance of the law is no defence” … in other words the very fact you did not know you could claim is not on its own a sufficient reason.