A frequently occurring difficulty which we have encountered in the past when advising on personal injury cases has been in relation to time limits. Essentially, there are time limits placed on the length of time within which a claim can be pursued. This various depending on the type of action. For personal injury actions the time limit is 2 years. So if an accident happens on the 3rd October 2018, the person has until the 2nd October 2020 to commence a claim. Obviously if the claim relates to a medical condition rather than a specific injury (e.g. industrial asthma, industrial deafness, asbestos related conditions, etc.) the time limits are much harder to calculate and vary according to each individual case. While there is still a time limit of 2 years, in these cases it is 2 years from the date when the injured party becomes aware of the medical condition or 2 years from the date when they should reasonably have been aware of the condition.
These time limits in all personal injury actions are extremely strict and if an action is not commenced within the 2 year period the case cannot ever be pursued again at a later date.
Disclaimer
The information in these articles are intended as a general guide only and detailed advice should be obtained. No responsibility is accepted for errors or omissions howsoever arising.
