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How much time do I have to make a personal injury claim?

View profile for Sarah Masters
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Is this the end of the four hour A&E target in England??

All types of personal injury claims have a limitation period. This means that there is a set period of time in which a person (a claimant) can bring a claim to court. You may be aware that the general rule is that you have three years from the date of your injury within which to issue a claim but there are some exceptions.

Limitation law can be very complicated and calculating the correct limitation for a claim is often not straightforward, especially when dealing with claimants who are children or who lack capacity. In addition, we often deal with claims where the precise date of the injury is hard to determine because although the injury may have happened many years ago, the claimant has only recently realised that they have suffered an injury. This is quite common in industrial disease claims such as in noise induced hearing loss claims.

If a claim is not issued at court within the three year time limit then the claim is likely to be barred and the claimant will not be able to make a claim. The court does, however, have a wide discretion to override the usual three year limitation period but it is best practice to avoid seeking this discretion from the court and to therefore issue the claim in good time.

As a result, it is therefore essential that you seek legal advice as soon as possible following any accident or knowledge that you have suffered an injury. For free no obligation advice, please contact our personal injury specialists today on 0175 321 6399. Although the thought of seeking legal advice may be daunting, we at Stephensons are different. We are not just solicitors, we are real people who understand difficult circumstances and we will support you in getting the compensation you deserve. At Stephensons, we go above and beyond to provide a service that covers your needs.

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