Military Compensation Claim Services

Claiming Personal Injury Compensation

When our solicitor has established how the accident happened, we will then know against whom any claim should be made, the defendant. This person might be another car driver, your employer, a landlord, a shop owner etc. In most cases the compensation will be paid by their insurance company.

You can win compensation for your injuries if the defendant admits liability (blame) for the accident, even if you are partly to blame yourself. However in some circumstances the defendant will admit liability but will disagree with the amount of money you are claiming. If that happens, our solicitor will advise you of the proper amount and negotiate on your behalf.

Occaisionally if the sum cannot be agreed upon, or if defendant denies liability, you may have to go to court to win compensation. This rarely happens, most cases are settled before the need for court action.

  Time Limits for Making an Accident Claim

For most accident claim cases, there is a time limit within which any claim must be brought. This is known as the limitation period. For anyone over the age of eighteen, this period is three years from the date of the accident. For children the three year period begins on the date of their eighteenth birthday.

If this period expires and no proceedings have begun, the case will become what is known as ‘statute barred’. There is very limited discretion to allow claims to proceed outside of this period. These rules come from the Limitation Act 1980.

It is always advisable to seek legal advice at the earliest opportunity, when events are still fresh in your mind and information is easily available. Pursuing your case may be more difficult if the accident occurred a long time ago. Your lawyer will also need a certain amount of time to compile the necessary evidence and obtain medical reports in order to begin proceedings, so it is important not to leave it too late.

There are certain circumstances under which an accident claim may be pursued after the initial three year period has expired. If a claimant dies within the 3 year limitation period from the date of the accident, it becomes extended to three years from the date of their death. This is to make it possible for bereaved relatives to make a claim on their behalf. For patients under the Mental Health Act 1983, the time period does not begin until they cease to be a patient under the Act and their legal incapacity is removed.

The court is also able to extend the basic three-year limitation period at their discretion under section 33 of the Limitation Act. They only do so very rarely after examining a case and taking all the circumstances into account.