Personal Injury Solicitors

Limitation periods, as stipulated in the Limitation Act of 1980, establish deadlines for initiating claims or providing notice of claims to the opposing party. They play a crucial role in personal injury claims, setting specific time limits for pursuing legal actions related to injuries. Various civil claims are subject to distinct limitation periods, but the emphasis in this article will be specifically on personal injury claims.

Under the laws of England and Wales, it is considered unfair for individuals or organisations to be perpetually exposed to litigation for wrongful acts or omissions. In cases where an individual has experienced a civil wrong to them, it is considered that the level of evidence such as witnesses’ memories or documentary evidence may be lost or weakened if a significant amount of time has passed following a wrongful act, which means that it can become difficult to provide a fair judgement. It is therefore deemed to be in the public interest that claims are barred by statute after a certain period of time has elapsed.

Limitation periods impose time limits within which a party may bring a claim or give notice of a claim to the other party. These are fixed by the Limitation Act 1980 and vary depending on the type of civil claim involved. It is important to be aware of all relevant limitation dates because once the limitation period has passed, the claim will be considered as ‘time barred’ and could be struck out.

Each type of civil claim has differing limitation periods, but for the purposes of this article, we will focus specifically on personal injury claims.

The Limitation Act 1980
The time limit for personal injury claims i.e., claims for damages for death or personal injury arising in negligence, nuisance or breach of duty (including actions under the Fatal Accidents Act 1976), is located within the Limitation Act 1980. The act states that the limitation period to bring a claim is 3 years from whichever is the later date of either:

The date of death or the date the cause of action accrued or
The date of knowledge of the personal representative/the person for whose benefit the action is brought.
Please note that the court has discretion to extend this time limit in certain cases.

When does the limitation period start?
The limitation period starts to run when the cause of action arises i.e., the date of the incident or when an individual becomes aware or should become aware that he/she may have a legal claim.

For instance, in a personal injury claim, a claimant may develop a serious health condition 10 years after working in a factory. In this case, the claimant has three years from the date of knowledge that the illness was caused by his working conditions. Some limitation periods are also subject to exceptions. For example, in personal injury cases involving children, the limitation period will not start to run until the child reaches the age of 18.

For ‘Protected Persons’ — defined in the Limitation Act 1980 as people who are incapable of managing their property and affairs due to mental disorder — the three year limitation period will start to run from the date when the person ceased to be under a disability. If such a person is never capable of bringing proceedings for themselves e.g. in the case of a severe brain injury, there is no time limit for commencing the claim.

In any event, it is important to note that limitation periods depend on each individual circumstances and the exact nature of the claim being made. For that reason, it is always crucial to seek immediate legal advice to ensure that your claim is pursued within the relevant limitation period.

Duncan Lewis Solicitors boasts a proficient team of personal injury solicitors prepared to advocate for your claim and secure the highest possible compensation on your behalf. Should you want to explore your eligibility for pursuing a personal injury claim or discuss the details of your case, contact us today at 0207 014 7354. Discover how our expertise can assist you in seeking the compensation you deserve.

About the Author

Amnah Bibi is a Personal Injury Caseworker, based in our City of London office. Amnah works under supervision of Clinical Negligence and Personal Injury Director Rebecca Thomas. Rebecca is a member of the Association of Personal Injury Lawyers (APIL) and is a Recommended Lawyer in the Legal 500 UK 2022 edition for both her Personal Injury and Clinical Negligence work across the South East.