How Much Time do I Have to Start an Injury Claim?

Chris Salmon, AuthorWritten by Chris Salmon on 27th June 2016

In most cases, you have three years from the date of the accident to begin the legal process, but there are some important details and exceptions to this rule.

The three-year rule and the "date of knowledge"

The general rule is that you have three years from the date of your accident to start a claim. This is known as the "date of knowledge" - the point when you first became aware of your injury.

In most cycling accidents, injuries are immediately obvious, so the date of knowledge would be the same as the day of your accident.

However, in cases where your injury isn't immediately apparent, the date of knowledge is the date you became aware of the injury or received a medical diagnosis.

For example, head injuries, such as concussions or complications like epilepsy, may not appear until weeks, months, or sometimes even years later. In these cases, the three-year limit begins from the time you were diagnosed or realised the link between your symptoms and the accident.

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Time limits for claims involving children

If a child is injured, the rules are different. A parent or guardian can make a claim on behalf of the child at any time up until the child's 18th birthday. Once the child turns 18, they can make the claim themselves, and they will have until their 21st birthday to start a claim.

Read more:

Can a child claim compensation for a cycling injury?

Practical considerations and the importance of acting early

While the time limit for making a claim is three years, starting the claim process will improve your chances of success. Cycling accident claims are usually made against insurance companies that are highly experienced in defending their clients.

Your solicitor will need time to gather evidence, arrange medical assessments, and put together the strongest possible case on your behalf.

Leaving a claim to the last minute can make it difficult to complete these steps in time, and many solicitors may be reluctant to take on cases that are approaching the three-year deadline.

What if I'm close to the three-year limit?

If you are close to the three-year limit, it may still be possible to make a claim, but it’s essential to act quickly. The success of a late claim will depend on several factors, such as how much evidence was collected at the time and whether you retained any medical evidence. Speaking to a personal injury a solicitor as soon as possible will be critical.

What happens if I've missed the three-year deadline?

According to the Limitation Act 1980, personal injury claims must be brought within three years, or they may be "statute-barred". This means that if the deadline passes without starting formal court proceedings, you lose the legal right to claim compensation. In exceptional cases, the court may extend the deadline, but this is rare and only considered if there are compelling reasons for the delay.

Speaking to a personal injury a solicitor as soon as possible to find out if a claim may still be possible.

Fatal accidents

If a loved one has died as a result of a cycling accident, you may be able to make a claim on their behalf.

In these cases, the three-year limitation period starts from the date of death or, if the cause of death is linked to the accident, from the date you became aware of this connection (the "date of knowledge"). For instance, if a post-mortem reveals that an earlier accident contributed to the death, the time limit starts from when that information becomes known.

Speak to an expert personal solicitor

Determining the exact date your three-year time limit starts can be complex, especially when injuries or symptoms develop later.

Our experienced team will help you understand and navigate the time limits involved in starting a no win, no fee claim. We're focussed on securing the best outcome for your case, guiding you through every step, ensuring all deadlines are met, and securing the best possible compensation settlement.

Call us today on 0800 456 1231 and an expert personal injury solicitor can assess your case, clarify your time limits, and guide you through the process.

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