CLAIMS GUIDE PART 2: STATUTE OF LIMITATIONS*

CLAIMS GUIDE PART 2: STATUTE OF LIMITATIONS*

HOW LONG DO I HAVE TO TAKE A CLAIM FOR AN ACCIDENT OR INJURY?

You must take your claim within two years of the date of the accident or injury but there are some exceptions to this rule.  If the injured person is under 18 he or she will need an adult/’next friend’ to take the claim for him or her and your Solicitor will advise you of the procedure for persons under 18.

You must bring your case within two years of the date of the accident or injury or within two years of the date of knowledge of the injury.

What is the date of knowledge for my injury claim?

The date of knowledge of your accident or injury will be the date upon which the injury was suffered due to the accident.

Sometimes the date of knowledge of the injury will not become apparent to a Plaintiff for a number of months or years.

In those circumstances the two year time limit does not start to run until such time as the injured party becomes aware that they had suffered an injury.

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:

  • a) the date of knowledge or the date of the accident
  • b) the expiration of the two year statute of limitation period from the date of the accident occurring
  • c) the date on the application to the Injuries Board and the date upon which it is filed
  • d) the date of the acknowledgement letter from the Injuries Board in relation to the claim that you have lodged
  • e) 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.
  • f) your Solicitor will also take note of the balance of any two year period from the initiation of the Court proceedings.

 

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