Time Limits For Filing Spinal Cord Injury Claims In The UK

Spinal cord injuries can have devastating, life-altering consequences, leaving individuals and their families grappling with physical, emotional, and financial challenges. If you or a loved one has suffered such an injury, it is crucial to understand the time limits for filing spinal cord injury claims in the UK.

Under UK law, you generally have three years from the date of the injury or from when you became aware that your injury was linked to negligence to make a claim.

Acting swiftly can make a significant difference in securing the compensation you deserve.

Reach out to us today on 0800 0747 644 or complete a Free Online Enquiry to tell us more about your situation.

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The Statutory Time Limit: Understanding The Three-Year Rule

In most personal injury cases, including spinal cord injury claims, the general time limit for filing a claim is three years. This three-year period is dictated by the Limitation Act 1980, and it typically starts from one of two points:

1. The date of the injury: This is when the spinal cord injury occurred, for example, in a road traffic accident, a fall, or a medical negligence incident.
2. The “date of knowledge”: In some cases, you may not immediately realise that your injury was caused by someone else’s negligence. In these situations, the time limit begins from the date when you became aware that your injury was due to the negligent act or omission.

This rule is strict, and missing the three-year deadline can mean losing your right to compensation. However, there are several important exceptions to this time limit that may allow claimants to file after the usual three-year window.

Exceptions To The Rule

While the three-year rule is standard, certain circumstances allow for exceptions where the time limit might not begin immediately, or the deadline is extended:

1. Children and Minors

For claimants under the age of 18, the three-year time limit does not start until they turn 18. This means they have until their 21st birthday to bring a spinal cord injury claim. Parents or guardians can, however, initiate a claim on the child’s behalf before they turn 18, helping to secure compensation sooner.

2. Mental Incapacity

If the injured person lacks the mental capacity to manage their own legal affairs due to their injury or any other mental health condition, the three-year time limit does not apply. In such cases, the time limit only begins if and when the person regains capacity. If they never regain capacity, there is no time limit for making a claim.

3. Fatal Injury Claims

If the injured person dies as a result of their spinal cord injury, the family may still be able to make a claim. In these cases, the three-year time limit begins from the date of death or from the date the family became aware that the death was caused by the negligent act.

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When Time Limits Might Be Extended

In rare circumstances, the court has discretion to extend the time limit for filing a claim. However, this is only granted in exceptional cases, such as if it was impossible to pursue the claim within the three-year period due to the claimant’s medical condition, or in instances of significant procedural delays beyond the claimant’s control.

It’s important to note that courts are generally very reluctant to allow late claims unless a strong, valid reason can be demonstrated. Therefore, to protect your right to compensation, it’s crucial to seek legal advice as soon as possible.

What Happens If You Miss the Deadline?

If you miss the three-year deadline, your case is likely to be dismissed, meaning you won’t be able to pursue compensation for your injury. This makes it all the more important to ensure your claim is filed on time.

Acting quickly not only helps you meet the statutory time limit but also ensures evidence is preserved, and medical records and witness statements are readily available.

How to Ensure Your Claim Is Filed on Time

To avoid missing the deadline for your spinal cord injury claim, here are some practical steps to follow:

• Seek legal advice promptly: Contact a personal injury solicitor as soon as possible after your injury or once you become aware of the potential for a claim.
• Gather medical records: Document all medical treatments and assessments related to your spinal cord injury. These records will be critical in building your case.
• Document everything: Keep detailed records of the accident or incident that caused your injury, any symptoms or impairments you experience, and the financial impact it has had on your life.
• File early: Don’t wait until the last minute to file your claim. Early action increases your chances of a favourable outcome and ensures you don’t miss crucial deadlines.

Take Action Now to Protect Your Rights

Time limits are a critical aspect of spinal cord injury claims, and missing the three-year deadline can result in losing your right to compensation. Whether the injury occurred in a road traffic accident, at work, due to medical negligence, or in any other scenario, it’s essential to act quickly and seek expert legal advice to secure the best possible outcome.

At Grieves Solicitors, we specialise in spinal cord injury claims and are here to guide you through the legal process from start to finish. Contact us today to ensure your claim is filed on time and that you receive the compensation you deserve.

Our caring and supportive team are here to listen and advise on 0800 0747 644. Or you can complete a Free Online Enquiry to set up a free consultation or tell us more about your story.

Here at Grieves Solicitors, Personal Injury Specialists, we offer a no win, no fee solution to funding your claim (a conditional fee agreement) which means that you do not have to worry about legal costs and expenses.  You can read about our no win, no fee agreement here.