The Clock Is Ticking to make your claim!

How long do I have to make a personal injury claim?

As a general rule an accident compensation claim must be registered with The Injuries Board (and acknowledged) within two years of the accident date. There are exceptions. In particular, where the “date of knowledge” is some time after the accident date, then the two year limitation period only commences on the “date of knowledge”. The date of knowledge is defined as the date a person became aware that the injury occurred, that it was significant and that it was attributable to negligence or breach of duty, and knew the identity of the Defendant (Statute of Limitations (Amendment) Act 1991 Section 2). A typical example of a case where the time limit may be extended under this section is where a claimant sustains a very minor or trivial injury in an accident but subsequently becomes aware that the injury was significantly more serious. The term “significant” is not defined in the Act and so the particular facts of each case must be examined.

  1. Child Claimants:

An important exception to the two year rule is the case of child Plaintiffs (persons under the age of 18 years). When a child is involved in an accident, the two year limitation period only commences on the child’s 18th birthday so the Next Friend (usually a parent) may commence the claim at any time up until the child’s 18th birthday. If a claim has not been commenced by such date, the child himself may bring the claim at any time up until the day prior to his 20th birthday.

  1. Defective Products:

The time limit for claiming compensation for damage caused by a defective product is three years from the date the damage occurred or “date of knowledge(Defective Products Act 1991).

  1. Legal Advice:

There are various other exceptions and it is important to consult your Solicitor for expert advice in each case.

If you would like to find out more about time limitations call the office on  01 903 6250

Request a Call Back 

Take the first steps towards making a claim for your injuries

Your first step in the process is obtaining Legal Advice from our expert legal team.

Begin our 3 step Check:

Can I recover the cost of my car damage prior to settlement of my claim?

This question frequently arises in road traffic accident cases. Can I recover the cost of my car damage prior to settlement of my injury claim?

The answer is that just one claim can be brought by a claimant in respect of the accident. Therefore it is not possible to bring a separate claim for car damage, both claims must be brought together. However Gary Matthews Solicitors will always encourage Insurance companies to settle the “material damage” (car damage) claim separately in the early stages and frequently insurers are willing to do so.

Refusal to do so may result in further costs having to be paid by the Insurers for the additional inconvenience caused to the claimant as well as car-hire expenses and possible bank interest if a loan is taken out to cover the cost of repairs or a replacement car. It is also worth noting that insurers must also pay a figure for “depreciation” to a car which has been involved in a collision.

At Gary Matthews Solicitors, as personal injury law specialists, we have been helping our clients claim for road accidents, If you have been in a road traffic accident where you suffered personal injury you may be entitled to claim. We’ll sit down with you and explain all your options as well as the likely outcome.

If you have been involved in a car accident,

Click on this link http://www.touchcall.co/0035319036250/ to call the office to arrange a consultation OR

Complete our Call Back Request Form below & a member of our team will get back to you.

We put you, the client first.

Request a Call Back 

Take the first steps towards making a claim for your injuries

Your first step in the process is obtaining Legal Advice from our expert legal team.

Begin our 3 step Check:

How long do I have to claim?

How long do I have to make a personal injury claim?

As a general rule an accident compensation claim must be registered with The Injuries Board (and acknowledged) within two years of the accident date. There are exceptions. In particular, where the “date of knowledge” is some time after the accident date, then the two year limitation period only commences on the “date of knowledge”. The date of knowledge is defined as the date a person became aware that the injury occurred, that it was significant and that it was attributable to negligence or breach of duty, and knew the identity of the Defendant (Statute of Limitations (Amendment) Act 1991 Section 2). A typical example of a case where the time limit may be extended under this section is where a claimant sustains a very minor or trivial injury in an accident but subsequently becomes aware that the injury was significantly more serious. The term “significant” is not defined in the Act and so the particular facts of each case must be examined.

  1. Child Claimants:

An important exception to the two year rule is the case of child Plaintiffs (persons under the age of 18 years). When a child is involved in an accident, the two year limitation period only commences on the child’s 18th birthday so the Next Friend (usually a parent) may commence the claim at any time up until the child’s 18th birthday. If a claim has not been commenced by such date, the child himself may bring the claim at any time up until the day prior to his 20th birthday.

  1. Defective Products:

The time limit for claiming compensation for damage caused by a defective product is three years from the date the damage occurred or “date of knowledge(Defective Products Act 1991).

  1. Legal Advice:

There are various other exceptions and it is important to consult your Solicitor for expert advice in each case.

If you would like to find out more about time limitations

Click on this link Tel: 019036250 to call the office with your enquiry OR

complete our online enquiry form below & we will contact you with swift and effective legal advice.

Request a Call Back 

Take the first steps to towards making your claim.

Your first step in the claims process is obtaining expert Legal Advice from our legal team.

Begin our 3 step Check: