PERSONAL INJURY CLAIMS
Frequently Asked Questions
1. Can I make a claim?
If you have been injured because of the fault of someone
else, you can claim financial compensation through the courts.
2. Who can claim?
If you are the injured person, then you can claim on your
own behalf. You would be identified as a "Claimant".
If the injured person is under the age of 18 the Court will
appoint someone to claim on their behalf called a “litigation friend” – this is
usually a parent or close relative.
If the injured person is incapacitated and/or cannot make
decisions for themselves the Court may appoint a "litigation friend".
Again this is usually a close friend or relative.
If a claim is made on behalf of someone who has died their dependents
and/or personal representatives have the right to make a claim.
The dependents and personal representatives (ie executor or
administrator of estate) are sometimes, but not always the same person. For
example: a wife whose husband has died will usually be a financial dependent
and able to make a claim for loss of dependency in her own right.
The personal representatives (or any one of them) can make a
claim on behalf of the estate and the dependents. However, whilst the financial
dependents have the right to claim on their own behalf, they cannot make a
claim on behalf of the estate unless they are appointed personal
representatives.
Personal Injury
3. Is there a time limit for making a claim?
Yes – in most cases you have 3 years from the date of the
accident to settle the matter or Court proceedings need to be issued. You can
make a claim at any point during these 3 years, though generally speaking the
earlier you consult a solicitor the better. However, if you do not settle the
matter or issue Court proceedings within 3 years then you are too late to do so
and your claim will become statute-barred. The statute in question is the
Limitation Act 1980.
If there was no accident as such – for example if you are
suffering from an occupational illness such as stress at work, occupational
dermatitis, deafness or asbestos related disease – then you have 3 years from
the date you first knew (or should have known):
a) That you are suffering from that illness, and
b) That it is potentially compensable. Usually this is 3
years from the date of diagnosis.
If someone has died their dependents or personal
representatives have 3 years from the date of death to make a claim, if the 3
year period has not passed during the injured person's lifetime.
If the victim is under the age of 18, the 3 year period will
not start to run until their 18th birthday.
4. What if the 3 years have passed?
Occasionally if there is a very good reason for the delay
the Court will allow a claim to be made “out of time”. However these instances
are rare and it is a matter for the Courts discretion. The safest course of
action is to bring a claim within the 3 year limitation period.
