Time Limits for Personal Injury Claims

The general rules on personal injury time limits are:-

1. For a claim brought in negligence – 3 years
2. For a claim brought under a contractual liability or an assault claim/infliction of deliberate harm – 6 years
3. Criminal Injuries Claim – 2 years
4. Time limits do not start to run until a Claimant is 18
5. If a Claimant is mentally incapacitated, time may never run out
6. Time runs from the date of the injury or the date of “knowledge” if later.  Knowledge is defined as knowledge:-
   • That the injury was significant
   • That it was attributable to the Defendants actions or failures
   • Of the identify of the Defendant
7. With very good reason, time can be extended in appropriate cases.

Advice

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