3 year time limit

Time Constraints when Making a Claim for Compensation

A personal injury can have a huge impact on your quality of life and your financial wellbeing. Even if the injury was only an accident, you may have the right to make a claim for compensation. Compensation is designed to help to make it easier for you and your family to cope with the effects of a personal injury. A claim should also cover any out of pocket expenses that you have been forced to shoulder as a result of the injury. Before you make a claim, it is worth remembering that there are some time limitations on launching an action.

Normal Time Limits

There are standard time limits on making a personal injuries claim in the United Kingdom. These time limitations can differ slightly, depending on what type of cases is being raised. However, the standard time limit is three years after the date of the accident in cases which are being raised as a normal personal injuries claim. For the claim to be considered, court proceedings must have been launched within this time frame. It is possible for the case to run on after the end of the initial three year period, as long as the proceedings had been formally launched before the cut off point. The government in the United Kingdom believes that this is a fair amount of time for both the defendant and the potential claimant. It is not normally possible to launch a new claim after this period of time has elapsed; unless it can be shown that there are special circumstances.

Special Circumstances

In some cases, it may be possible for a legal professional to apply to the courts to allow them to raise a case after the standard time limit period has elapsed. The most likely reason for the courts to grant an extension to the statute of limitations is when a problem arising from the initial incident takes longer than this to manifest itself. In these instances, legal teams have to work harder than normal to prove that the medical outcome occurred as a consequence of the initial incident. Although it is harder, there are thousands of examples of successful cases which were launched after the official statute of limitations had expired.

Sooner Rather than Later

In general, lawyers and claims advisors will always encourage potential claimants to start their proceedings sooner rather than later. This is because it is much easier to gather all of the evidence that is need when a claim is made closer to the time of the incident. There is a lower chance that vital evidence will have been destroyed and witnesses are able to give more reliable testament about the event in question.

It is also beneficial to the accident victim to start proceedings as soon as possible. Those who suffer personal injuries are most vulnerable just after the incident. It is during this period that they are forced to make any changes to their home and lifestyle to try to accommodate their new medical conditions. Personal injury victims are also more likely to suffer financial trouble during this period, because they may not be able to achieve their full earning potential. Launching a claim at this point in time can help accident victims to get access to the support that they need.

Launching a Claim for Compensation

If you have been received a personal injury in the last three years because of an accident that was not your fault, you may be entitled to make a claim for compensation. The first thing that you should do is to make contact with a qualified solicitor or claims advisor. Many claims advisors will offer free consultation sessions.

During your introductory session, the claims advisor or lawyer will listen to your story until they have enough information to advise you about whether or not you have a valid claim. If they determine that your claim is valid, then they will be able to tell you how much your claim is worth. It is then down to you to decide whether you want to continue to pursue your claim for compensation. If you decide to continue with the case, your advisor will help you to get the ball rolling.

ways to claim

Ways to Claim Compensation

If you have sustained a personal injury in an accident that was not entirely your fault, you may be entitled to compensation to help you to cope. In most cases, financial compensation is claimed from the insurance provider who represents the person or corporation that was liable for your injury. In certain cases, the compensation may come from alternative sources.

Criminal Injuries Compensation Authority

If your injury occurred as a result of a criminal act, then it is most likely that your compensation case will be handled by the Criminal Injuries Compensation Authority(CICA). The government in the United Kingdom recognises that criminal acts are rarely covered by insurance policies and those who have committed a dangerous criminal act are unlikely to be able to foot large compensation bills immediately, especially if they are being sent to jail for their crime. Criminal compensation orders which are obtained through criminal courts are subject to a maximum of £5000. Therefore, the Criminal Injuries Compensation Authority has been established to assist people who were injured as a result of a criminal act committed by another person. Successful applicants include people who were directly injured in a crime, as well as people who have been hurt whilst trying to assist the police in the aftermath of a crime.

In order to qualify to make a claim through the Criminal Injuries Compensation Authority, the incident must have been reported to the police at the earliest opportunity after it occurred. Candidates for compensation must then lodge an application with the Criminal Injuries Compensation Authority within two years of the incident. In a few exceptional circumstances, these criteria do not apply. For example, compensation may be claimed in cases of historic sex abuse, if the sex abuse has only recently come to light.

Applications for compensation through the Criminal Injuries Compensation Authority must be made online or over the telephone. Full details of the crime and the injuries should be input into the online form as part of the application process. A claims advisor or another legal professional can help you to fill in these details if you are concerned about getting your story across properly. An advisor from the Citizen’s Advice Bureau may also be able to help you if you are struggling.

Medical Compensation Schemes

Some compensation schemes exist to help to compensation people who suffer from specific medical issues. These medical issues tend to relate to actions or treatments which were previously common-practice but which are now considered to be dangerous. Examples of these include the MacFarlane Trust, which specifically helps people who have developed HIV after getting blood as part of haemophilia treatment.

The Vaccine Damage Payment Unit is run to help to compensate people who have suffered personal injuries as a result of vaccinations. There are also special compensation schemes available for people who have suffered asbestos-related illnesses due to expose at work. As well as claiming compensation, people who were injured in the workplace may be entitled to claim a special Industrial Injuries Disablement Benefit from the government.

NHS Redress Arrangement

People who are injured whilst using the NHS in Wales may be able to raise a claim using the NHS Redress Service. This service is partially dedicated to claims for compensation, whilst also helping people to make a complaint about their treatment. However, claims are normally limited to a much lower value than they could be if the claimant were to attempt to claim via a different channel.

Personal Injuries Claims

Despite the fact that there are alternative sources of compensation, most people who are injured will receive compensation by raising a standard compensation claim. These claims must be raised within three years of the incident that caused the personal injury. In extreme cases, the claim may be raised after the normal three year period has elapsed, however this has to be approved by the courts.

If you do want to raise a claim for compensation after a personal injury, you should speak to a solicitor or claims advisor. Many legal professionals offer a free consultation sessions for those who want to make a claim. Attend one of these sessions to find out whether you have a valid claim.

mr and mrs

March Wedding

Last weekend I attended my first wedding of the year. A good friend was marrying a partner who she had met at university. Despite the fact that they had been together for nearly 8 years, I had never actually met her fiancé/now husband. It was nice be able to finally put a face to the name; even if you only ever get a few minutes to speak to the bride and groom at their wedding.

The wedding took place in a small village church close to where my friend grew up. Although my friend isn’t especially religious, not enough to go to church every Sunday at least, her husband is very religious and wanted to get married in a religious space. He had actually visited this particular church when he was younger, as part of a church choir, so he felt like he had a pre-existing connection to the area. I am not that religious myself, but the ceremony was lovely. They chose some very upbeat hymns which were representative of their love. At some church weddings it can be difficult to get people to sing along with hymns that they do not know, but there were no problems at this wedding.

Their reception was held in an old theatre in the West Midlands. It was a gorgeous space which is now used as a community area. The town apparently holds performances, exhibitions and public forums in this building. After each event, the building is returned to a blank canvas state so that each user can put their own spin on it for each event. My friend has always been design minded, so the décor was absolutely wonderful.

They had been permitted to hang up a mesh of fairy lights across the ceiling of the premises, so that it looked like a sky full of stars. This was a very subtle touch, because the theatre had such a high ceiling.  My friend is a literary editor, so the venue contained a lot of literary references. She had even managed to borrow a few fun props from the theatre’s old costume and staging department.

The food was really good at the venue too. The couple had hired in an external caterer who attempts to use local and seasonal produce wherever possible. We had some of the first lamb of the season for the main course (apologies if you’re not a meat eater), served with some well-prepared veg. The dessert was a posh version of a rhubarb crumble. I have literally never enjoyed rhubarb before, so I was a little worried when I saw it on the menu card. However, when I tried it I thought that it was really nice! The chef had managed to take away some of the tartness that rhubarb can sometimes have.

Instead of having a baked wedding cake, the bride and groom had chosen to have a cheese cake. It contained 4 wheels of cheese, including a huge wheel of quartzy cheddar for the base. I must have eaten more cheese than I have ever had before in my life! So good, and such a wonderful day.

losing weight

In Praise of Fitness Trackers

In November of last year I was invited to a good friends wedding which is happening next month and have been trying to lose a little bit of weight since January through a combination of healthy eating and exercise. Although there have been a few minor blips, I feel like I am generally doing quite well. As a bit of a techie, I have also felt the need to digitise my efforts. Despite the fact that wearable fitness trackers and digital scales have been getting bad press in the last few months, I am here to sing their praises and extol their virtues.

As part of my Christmas stocking, Santa brought me a fitness tracker and a digital body weighing scales. Both of these devices connect up to smartphone apps to help you to monitor your progress. The tracker even “awards” you with electronic badges and milestones when you meet pre-set targets. I have recently been told that I have walked the width of England and more since starting wearing the device on New Year’s Day, which is about 5 miles a day, 7 days a week!

I wear the tracker all of the time and it measures a variety of different things. As well as telling me how many steps I have done, it also monitors my heart rate and how many flights of stairs I have climbed. Based on my exercise levels and current health, it also estimates how many calories I have burned over the course of the day. It even tells me how long I have been asleep for! If I wanted to, I could even input my food data into the app to help to track calories in, compared to calories out. I haven’t been doing that yet, because it does take a lot of time to break everything down into individual components. However, I still feel as though I am getting a lot of relevant information out of the app. The tracker encourages you to try to reach 10,000 steps over the course of the day, and I do feel inclined to walk that extra bit to reach my daily goal. The tracker even gives a little vibration to warn me when I have been sitting still for too long!

My smart weighing scale also offers loads of useful functionality. As well as telling me my body mass, the scale uses electrical pulses to calculate how much of my body is fat, water and muscle. Since January, I have been gradually reducing the fat percentage and increasing the muscle percentage. The scales also send all of this information to an app, so that I can track my progress. I find this much easier than using a standard body weighing scale, because I don’t have to remember all of the figures in my head. My mind would constantly play tricks on me with my old scales, so I would think that I had lost or gained more than I actually had.

Although the two devices are not made by the same company, I have been able to link both of the apps together with one another. This means that they both share data with each other to increase their functionality even further!

personal injury

Types of Personal Injury Claim

A personal injury claim is a claim which is made when someone is injured in an accident that was not their fault. The law in the United Kingdom states that a person should be compensated if they have received an injury because of the negligence of another party. The personal injury industry in the United Kingdom contains qualified solicitors and claims advisors who seek to support personal injury victims with making a successful claim.

There are a number of different types of accident which may be covered under the umbrella of “personal injuries claims”. These are some of the most common types of claims made in the UK.

Road Traffic Accidents

Road traffic accidents are accidents that occur in or involving road traffic vehicles (including cars, motorbikes and HGV’s). A person making a claim in a road traffic accident may be the driver, a passenger in the vehicle, or someone who was injured outside of one of the vehicles involved in the incident.

Workplace Incidents

A Workplace claim can be made for any injury which happened as part of your employment. This injury may have occurred in the office, in a warehouse or in any part of your job role. A workplace claim normally arises when an employer has not taken adequate steps to identify and minimise risk to employees.

Sports Accidents

Although sports can be fast-paced and boisterous at times, if an injury happens because another party was negligent, then a claim can be made. Sporting accident claims can arise because of faults with the playing surface, players disregarding the rules of the game, poor coaching or inadequate sporting equipment.

Product Liability

Products which are sold in the United Kingdom must either be safe for all consumers or they must carry appropriate warnings to help to minimise the risks to buyers. However, defective products can carry unknown risks of their own. If you have been injured because of a defective product or because a product did not carry the appropriate safety warning, then you may be entitled to make a claim for compensation for your injuries. More information on product liability can be found here.

Slips, Trips and Falls

Slips, trips and falls may sound like they should only cause minor injuries, however the consequences of slips, trips and falls can be severe. Serious slips and falls can even result in death. However, slips trips and falls are one of the most common types of accidents to occur in the United Kingdom. Landowners, homeowners and business owners must take steps to reduce the chances of people slipping, tripping or falling on their land.

Asbestos-Related Claims

Asbestos is a material that used to enjoy widespread use across the United Kingdom. However, it is now known that exposure to asbestos can have serious health consequences. If you develop an asbestos-related illness, you should speak to a specialist claims advisor to begin launching a claim for compensation.

Medical Malpractice

Doctors, nurses, dentists and cosmetic surgeons are all held to high standards by national legislation in the UK. When medical professionals fail to meet these standards, they can end up putting their patients at risk. Medical malpractice can increase the risk of infection and is likely to slow down the recovery process. Malpractice can also mean that patients do not receive the right treatment in an adequate response time. Mistakes like these can cause lifelong conditions or may result in death. Medical malpractice can still occur during elective surgical procedures. You may still be entitled to make a claim for compensation, even if you signed an agreement prior to the surgery.

Animal Bites

Pet owners in the United Kingdom have a responsibility to ensure that their animals do not harm anybody else. If you have been harmed by a domestic animal or a livestock animal then you should report the incident to the police and seek immediate medical attention.

Criminal Injuries

You should be able to claim compensation for injuries which were caused by someone committing a criminal act. However, the claims process may be slightly different to other personal injury claims. If you wish to make this type of claim, you are advised to speak to a lawyer who specialises in claiming for this type of compensation. You can also visit the CICA (Criminal Injuries Compensation Authority) page on the governments website here.

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