All countries impose time limits for claiming compensation. You must balance the right of the claimant to claim with fairness to whoever is claimed against. Put simply, if you tried to claim for an accident 50 years ago it would be all but impossible to fairly investigate such an accident and so time limits are imposed. So, if you are unable to settle your claim within the time limit, you must raise a court action before the time limit runs out. otherwise you may lose the right to claim.
What are the time limits?
In Scotland, where you are claiming personal injury the usual time limit is three years from the date of the accident. If you are only claiming for money with no personal injury, then the usual limit is five years.
Exceptions to the rule
Any time when the claimant is under a legal disability does not count for working out the time limit. Any period when you are a child - before you reach 16 - is left out of account. Also, if you lack capacity to instruct a lawyer for example because of mental health issues that period is also left out of account.
Other exceptions to the rule
In most cases you will know the date of the accident or incident and you work out the time limit from that date but in some cases, particularly medical negligence, you may not know you have a claim until long after the medical treatment you are complaining about. In these cases, you work from what is called the date of knowledge.
Date of knowledge
This means the date when you knew or ought reasonably to have known that you were the victim of negligent medical treatment and that your injuries were serious enough to merit a claim.
Ongoing breach of duty
Where there is a continuing breach the time limit runs from when the breach stopped.
Discretion
In personal injury claims the courts have a discretion to allow a claim to go ahead even if a court action is not raised within the three time limit. For example, the claimant had been ill or has suffered bereavement/family problems these can all be considered. You should not though try to rely on the discretion. The only certain way to protect your right to claim is to raise court proceedings on time.
Money only claims
Where there is no personal injury involved the court does not have a discretion to extend the five year rule.
Other exceptions
If you are claiming compensation about an accident on an international flight you have two years from the date of disembarkation from the aeroplane on which the accident occurred. Similarly, if you have an accident on a ship the time limit is again two years from the date of disembarkation. There is no discretion to allow late claims in accidents involving aircraft/ship.
Accidents whilst on holiday abroad
If you suffer an accident because of defective hotel accommodation for example, you can sue the tour operator and, in that case, the three year time limit applies but you may also have the option of suing the hotel owners direct. In that case, the national time limit in the country where you had your accident applies.
Time limits in foreign countries
For the major European countries time limits are as follows:-
- France - 10 years
- Germany - up to 30 years
- Italy - 2 years for road traffic accidents, 5 years for other accidents; and
- Spain - 1 year
If you have an accident abroad, you may need expert advice from a foreign lawyer on time limits.
Product liability
In addition to the three year rule, there is an added time limit in defective product claims. Any case must be raised within 10 years of the date of the product in question having been taken off the market. If the accident is beyond the 10-year period, the court has no discretion to extend it.
Criminal injuries compensation
Where the assault occurs when you are an adult (over 18) it is two years from the date of the assault. Any period when you are a child (under 18) does not count. The CICA has a discretion to accept a late claim if:-
- There are circumstances justifying this; and
- It is still possible for the police to properly investigate the claim
Historic abuse in Scotland
Provided the abuse in question occurred after 26 September 1964 then there is no time for claiming. Claimants abused before that date can apply under a separate government scheme.
Time limits in military claims
At present where the accident or incident occurs outwith the UK there is a time limit of three years, but this can be extended if the court exercises its discretion. The Ministry of Defence is planning to change the time limit by removing the discretion but in turn allowing ten years to claim.
Human rights claims
A one-year limit applies here running from the date your human rights was breached.
How can we help?
If you have sustained an injury and think you may have a claim please contact us to discuss the matter on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away.
