Injury claim rejected for being too old? – get a second opinion quickly!

Posted Feb 14, 2019.
When representing their clients who need to make a personal injury claim, many solicitors often reject a claim because it is too near the legally defined time limit for taking action. Over the years, we have seen many perfectly valid claims be turned down by certain solicitors and law firms for this reason, with many clients missing out on compensation that they were fully entitled to. As a result, at Bakers we have become UK leaders in running an winning injury claims of all types that may have been previously rejected by another solicitor.

3 Year Limitation

When making a claim for personal injury in the UK, its important to be aware of what is known as the ‘limitation period’. This is the time period in which you must make your claim, and for most injury claims this means within 3 years. Overall, this usually means that court proceedings must be started within 3 years of the date of the accident. However, there are often situations involving an injury or disease that may not have been immediately apparent. If this is the case, then ‘date of knowledge’ rules apply, meaning that the  3 year limitation period will start to run from the date that you knew that your injury was connected to the original accident or negligent act.

It is very important that you start your injury claim within the 3 year time limit. If you don’t, then your claim will become ‘statute-barred, meaning that you will be unable to proceed, unless you have court permission (which is very stringent and by no means guaranteed) to continue with your claim

Industrial Disease Claims

The ‘date of knowledge’ rules most often apply to claims for industrial disease that typically develop and become more apparent over a period of time – for example, claims for mesothelioma or other diseases connected with exposure to asbestos can take many years to  become apparent. 

Beware - Limitation is not always 3 years

Imitation periods are not always 3 years and can vary depending on the specifics of your claim. For example, claimants being treated under the Mental Health Act 1983 or claims on behalf of children (‘minors’) will usually have different, longer limitation restrictions. Claims with shorter limitation periods can include those for criminal injuries and certain claim types where an accident has happened outside of the UK.

Get help from an expert – ASAP!

It’s really important to remember that with claims that are close to reaching the limitation threshold, the formal step of issuing court proceedings must be taken. Simply instructing a law firm or a solicitor to submit a claim directly to the other party (usually an insurance company) is not sufficient. At Bakers, our professional, friendly team have a long track record in winning cases that have often previously been rejected by more than one solicitor or law firm, and we love delighting our clients when they receive injury compensation that they thought they would never receive. 

So if your claim has been rejected, or you ant advice if you think your claim may be too old, get in touch today for a free, quick and no obligation assessment of your case.