Chronic pain and critical illness resulting from accidents can be physically, emotionally, and financially draining. You have lots to deal with and life can be challenging having to adapt to new ways of doing things. The last thing on your mind is often financial compensation for your accident, however during such challenging times, it’s crucial to understand your rights and the time limits associated with making a compensation claim.
In England, the time limits for making a compensation claim vary depending on the nature of the case and the circumstances surrounding it. The legal term for these time limits is “limitation periods.” These limitation periods are designed to balance the interests of both the injured party and the potential defendant.
For personal injury claims, including those related to chronic pain and critical illness, the general rule is that you have three years from the date of the incident or the date when you became (or should have become) aware of your injury to start legal proceedings. Here’s a breakdown:
- Date of the incident: If your chronic pain or critical illness was caused by an accident, you typically have three years from the date of the accident to initiate your claim. For instance, if you were involved in a car accident on July 1, 2021, you would generally have until July 1, 2024, to file your claim.
- Date of knowledge: In cases where you might not immediately be aware of your injury, the three-year limitation period starts from the date you became aware (or should have become aware) of your injury and its link to the incident. This is particularly relevant in cases of chronic pain or illnesses that develop over time following an accident.
It’s important to note that there can be exceptions and variations to the three year limit in specific circumstances – it can even be shorter than 3 years. Given the complexities surrounding limitation periods, and the time it can take to build a strong case, it’s advisable to seek legal advice promptly if you believe you have a valid compensation claim following an accident that was not your fault. Waiting unnecessarily can result in the loss of your right to seek compensation.
Contact us and we will evaluate your claim and get the ball rolling. We have a team of specialist solicitors who focus uniquely on fibromyalgia, CRPS, FND, chronic pain, brain injuries and catastrophic injuries, who will assess your case personally and advise on the best course of action.
We do not endorse any research, studies or sources mentioned within our blogs and comments. The blog is for information purposes only as we are not medical professionals. We do not endorse any medical advice provided and would strongly recommend anyone seeking medical advice to contact their local healthcare provider before any changes to treatment and / or management of your condition is undertaken.
