An example of such injuries claims are where the date of knowledge does not materialise until long after the statute of limitations expires would be asbestos claims or industrial diseases where the damage might not become apparent or materialise for a lengthy period of time.
The test in relation to the date of knowledge is whether the Plaintiff knew or ought to have known that they had suffered an injury/illness and that that person took their claim within two years of the date that they discovered that injury or illness.
You should contact a Solicitor as soon as possible following an accident and your Solicitor will know the importance of the relevant time limits within which you can take your case.
The following is a guide to key dates in calculating the statute of limitation for accidents and injury compensation claims:
- The date of knowledge or the date of the accident
- The expiration of the two year statute of limitation period from the date of the accident occurring
- The date on the application to the Injuries Board and the date upon which it is filed
- The date of the acknowledgement letter from the Injuries Board in relation to the claim that you have lodged
- The date of the authorisation from the Injuries Board if the Injuries Board issue an Authorisation. If the Injuries Board issue an Authorisation your Solicitor has six months in which to pursue your claim through the Courts.
- Your Solicitor will also take note of the balance of any two year period from the initiation of the Court proceedings.