As a Personal Injury Lawyer dealing with various types of injury claims, it is often frustrating to receive enquiries where the injury occurred more than 3 years ago. Unfortunately, due to the Limitation Act 1980, it is not possible for me to act for such clients where the accident occurred more than 3 years ago. Despite the client often having a valid claim because the 3-year (Limitation) period had expired.
Any person injured in England over the age of 18 has a period of 3 years from the date of the injury (or date of knowledge of injury) to commence Court proceedings. If the Claimant did not commence Court proceedings within that 3-year period, then the Claimant is what is known as Statute Barred from continuing with any Court proceedings.
It is possible to disapply the Limitation Act but this is difficult, and the Court will rarely agree to the Limitation Act being disapplied. Lack of knowledge of the 3-year period is not a valid excuse.
To commence Court proceedings, it is necessary to send to the Court a Claim Form, the Claim Form must be received by the Court prior to the expiry of the Limitation period.
For children who suffer injury and who are under the age of 18 when the injury occurred, the Limitation period of 3 years runs from the date when the child reaches 18. Therefore, the child has until the day before the 21st Birthday to commence Court proceedings.
For a “protected person” who is defined in the Limitation Act 1980 as a person who is incapable of managing their property and affairs due to mental disorder, the 3-year Limitation period only starts to run from the date when the person ceased to be under a disability.
For Claimants who suffer injury while a passenger by sea, the Limitation period is 2 years (not 3 years) from the date of injury or date of knowledge and similarly for passengers travelling on planes, the Limitation period is 2 years.
The relatively short period of time of 3 years means it is important that Claimants who suffer injuries do not delay in commencing a claim and providing instructions to their legal representatives. With injury claims at least 6 months are needed to be able to fully prepare a claim and if a client wants to proceed with a claim, this should be borne in mind.