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In most cases, the time limit (which is often referred to by lawyers as the ‘limitation period‘) for bringing your personal injury claim is three years.
This is usually calculated as three years from the date upon which you became aware that you had suffered harm, so in most cases that will be the third anniversary of the accident.
Legal capacity
Different time limits apply to children (who have until their 21st birthday to commence proceedings) and people who are unable to manage their legal affairs because of mental incapacity.
Claims which are out of time
In some circumstances the Court may allow a claim to be pursued beyond the usual time limit when, for example, the date of knowledge of the harm suffered falls outside the usual three years. However, you should not assume that the Court will exercise its discretion in your favour and it is therefore crucial to get expert legal advice as quickly as possible so that appropriate steps can be taken to investigate your case and protect your interests.
