IS THERE A SET PERIOD OF TIME WITHIN WHICH I MUST MAKE A PERSONAL INJURY CLAIM ?

Generally speaking (and there are a number of exceptions to this rule – such as, for example, in respect of claims for injuries arising out of criminal conduct OR claims in respect of injuries sustained in Road Traffic or “Running Down” Accidents where the identity of the driver of the vehicle responsible for the occurrence of the accident is unknown – so called “Hit and Run” accidents) unless you are under the age of 18 years or a person with a mental disability, a claim must be brought through the Courts by issuing legal proceedings against the responsible party within 3 years of the date of the relevant accident.

For persons under the age of 18 years at the time of the accident, the time limit is generally 3 years from the time that you turn 18. In the case of somebody with a mental disability the time limit is indefinite until the person has recovered from that disability (in which case the time limit would then be 3 years from the date of recovery from mental disability)

For certain occupational injuries or industrial diseases the 3 year limitation period can be difficult to calculate, as the injury or disease may have developed over a period of time, rather than having been caused by a specific accident on a particular day. In these cases, the 3 year time limit is calculated from the point in time (known as the “Date of Knowledge”) at which you knew or ought to have known a number of matters – including, in particular, the fact that you were suffering from such a disease or a significant injury and the identity of the party responsible for causing that disease or injury. IN THESE KIN OF CASES IT IS EXTREMELY IMPORTANT THAT YOU SEEK LEGAL ADVICE AS SOON AS POSSIBLE, AS THE LEGAL RULES IN RELATION TO “DATE OF KNOWLEDGE” CASES ARE VERY COMPLICATED