Personal Injury cases close to limitation

The Limitation Act 1980 plays a crucial role in personal injury litigation. It states that injured claimants have three years from the date of their accident (or the date they became aware of their injury) to file their claims. Simply instructing a solicitor is not enough; you must actually submit a claim form to the court and pay a fee.

Failing to do so could result in losing your opportunity to claim compensation, and any claims made after the three-year period will only proceed at the court’s discretion, which is seldom granted.

In July 2023, we were approached by a new client who had been involved in an accident at work nearly two years and 8 months prior. The limitation period for her claim was set to expire in a few months. She had slipped on an oil spillage in work, sustaining a sprained wrist and psychological trauma.

We decided to assist her and accepted her case. We promptly took instructions from our client and prepared and submitted the claims notification form. This notified the defendant of the claim and gave them a period to investigate the claim. In the meantime, we sought to obtain our client’s medical records for review. Within 8 weeks of being instructed we received an admission of liability from the defendant and reached an agreement to extend the statutory limitation period.

This gave us more time to investigate our client’s injuries by arranging for her to be seen by an Orthopaedic Consultant and Psychologist. Despite the later instruction of our firm we achieved a settlement of £10,000, which was a great result for this client who, prior to instructing Aston Knight, had almost resigned herself to not making the claim through fear that it had become too late.

People often wonder why such clients delay bringing their claim. In this instance, although our client was aware of the three-year limitation, she had been preoccupied with various personal issues and did not seek legal advice until late on. Luckily, she reached out to us just in time, allowing us to secure the compensation she rightfully deserved.

Navigating personal injury claims that are close to the limitation period presents distinct challenges and demands prompt, decisive action. The standard three-year timeframe for most personal injury claims in the UK creates considerable pressure for both claimants and solicitors, especially as the deadline looms.

Any solicitor faced with such a claim is understandably cautious due to the heightened risks associated with an impending limitation date. It is essential to ensure that the claim form is submitted on time, followed by a maximum of four months to investigate the claim, obtain a formal expert medical report, and prepare a schedule of financial losses. This process can be pressurised and stressful, leading some law firms to decline instructions in such situations.

We strongly advise anyone with a potential personal injury claim to seek legal advice as early as possible. Delaying can complicate matters significantly. Important documents may be lost, witnesses’ memories can fade, and it can become increasingly challenging to obtain fair compensation.