Time frame for claiming a personal injury

20th Aug 2018

I was just wondering if I have a case to claim and if  so am I out of time or still able to pursue? I developed tinitis after the electrcity generator that I live next door to, exploded after being hit by lightning in 2015.

CATEGORY: Personal Injury

LOCATION: WEST MIDLANDS

1 answer
  • Nelson Myatt Solicitors LLP

    Personal injury claims must be settled or alternatively court proceedings must have been issued on the claim within a period of three years from the date of the accident/injury. In some circumstances the three-year limitation period can run from the date of knowledge i.e. the date that you became aware that you had suffered injury as a result of the incident.

    I suspect from the information you have given that you were aware that you had suffered an injury the moment the generator exploded and therefore it is most like that your three years will run from the date of the explosion.

    If the incident happened after October 2015, you may still have time to lodge a claim. If the three-year time limit is up any time between now and then you may struggle to find a firm to take on the claim due to the vast amount of work needed to protect the claim within a very short period of time.

    Unfortunately, if the incident occurred before 20th August 2015 then you have most likely already missed the limitation date. An application can be made to the court to get around this but you would need to provide a very good reason for why the date has been missed. It would not be sufficient to say that you weren't aware of the time limit to make a claim. Any solicitor instructed to make such an application is likely to need paying on an hourly rate as the costs of that work are unlikely to be recoverable even if the application is successful.

    If you have any further questions, please don't hesitate to contact me on the details listed below.

    Katie Baker

    Nelson Myatt Solicitors

    01492 588200

    katie@nelsonmyatt.com

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