Calculate How Long You Have To Claim Compensation For Personal Injury In A Slip, Trip Or Fall Accident

In this article we set our the considerations that allow your solicitor to calculate the time-period for how long you have to claim compensation for personal injury in a slip, trip of fall accident.

Find out about the three-year rule; how the time-period is the same for slips, trips and falls at work, in a shop or on the pavements; how date of injury and your date of knowledge of injury can differ.

We further set out some exceptions to the three-year statutory time limitation rule.

Remember – we offer free legal help options, including speaking direct to our solicitors for an assessment of how long you have to make your slip trip fall claim.

How long does the law allow for you to claim for injury in a slip, trip or fall?

Whether your slip, trip or fall takes place on a pavement, road or other public highway; you slip and fall in a shop (such as supermarket) or you fall at work – the time period you have to commence a claim is the same.

You have three years from date of injury or date of knowledge of injury to commence your claim at court after which you will be what is known as “statute or time barred”.

This is because the Limitation Act 1980 comes into effect, which is a UK statute of limitations allowing an injured party three years to commence a claim failing which remedies allowed by law will be extinguished.

In other words – when the time period has expires, you will no longer be able to make a claim for damages for personal injury.

Watch out – as you will see later in this article there are some exceptions to this rule

How is the date of knowledge of injury determined?

The definition of date of knowledge is given by section 11(4) of the Limitation Act 1980.

Actual knowledge or reasonable knowledge

The date when the you had actual knowledge (or the facts known to the Claimant would have made it reasonable to have had knowledge – reasonable knowledge).

The injury was significant

That the injury in question was significant (some accidents may have seemed to have caused a minor injury, but you later discover that significant injury took place).

Your injury was due to negligence or breach of duty

That your injury was attributable in whole or in part due to negligence or breach of duty by another (whether an individual, a business or a public body).

The identity of the person at fault was known or could be obtained

The identity of the defendant (the person at fault) was known or it was reasonable to obtain the information of who was at fault.

Date of knowledge applied to slip, trip, fall accidents

Your date of knowledge will typically be the date of your trip, slip or fall as you will know what caused you to fall, if a defect was present (whether an unmarked wet patch on the floor at work or a defective paving slab on the pavement); who was responsible for the area in which you fell and that your injury was significant.

For example: imagine you were in a supermarket and you were walking on tiled area which was wet and slippery, but you did not notice the wet patch and fell causing a fracture to your arm.

When you fell and broke your arm – you knew that the supermarket was responsible for the floor, that the floor should not have been wet or if wet a sign should have warned you of the danger and you would have known immediately from the pain you experienced that you had suffered significant injury.

Are there exceptions to the three-year rule for making a slip, trip or fall claim?

“Yes,” there are a number of exceptions to the three year rule, including:

Children have three years from the date of majority to commence a claim

In simple terms the age of majority is when the law considers a child has become an adult. in England and Wales this the age of 18 years.

When a child becomes an adult – a personal injury claim can be made in their own right, without relying on a parent to be a litigation friend (to provide instructions to make a claim).

In other words – if you were under the age of 18 years at the time of the accident you are considered a minor or a child and as such you would have until your 21st birthday to bring a claim at court.

Watch out – the different nations that make up the UK may have different laws about the age of majority. Scotland will offer consider a child to become an adult at the age of 16 years and this would give the child until their 19th birthday to commence a personal injury claim.

Fraud or concealment

If through a fraudulent act or through active concealment – the truth of who was responsible (or that negligence in actual fact occurred) the time-period might be extended.

Watch out – the involvement of the court for permission to extend how long you have to claim might be necessary.

A person with unsound mind has a longer time period to claim

If you are of unsound mind at the time of your accident you have three years from the date you are classed as having sound mind, or able to effectively make your own decisions, to commence a claim at court.

The court’s discretion to extend how long you have to make a slip trip fall claim

In certain instances the court might exercise its discretion and grant its permission to extend how long you have to commence slip trip fall claim at court.

This might include the instance that expert advice was received by the Claimant (as in clinical negligence matters when a hospital doctor explains symptoms in a misleading manner so as not to highlight negligence) which led you to believe that no error or significant injury had occurred.

Be warned – obtaining the court’s permission to extend the time period to claim compensation for a slip, trip or fall accident will be extremely difficult.

Specialist Solicitor Free Online / Telephone Help

If you wish to discuss your accident circumstances, have your claim assessed online or find out how long you have to make your slip, trip or fall claim – see our specialist solicitor free online / telephone legal help options.