Missed time limits in personal injury cases

There are many critical time limits which apply in personal injury litigation and if your professional advisor misses a critical time limit through carelessness or a lack of the necessary expertise and skill to pursue your personal injury claim you could find yourself in the unfortunate position of losing the opportunity to pursue your claim and you might incur a financial loss as a result.

Broadly speaking, the critical time limits fall into 3 areas

The time limit for starting court proceedings

The time limit for serving court proceedings

The time limits imposed by the court for complying with steps in the proceedings

If you have been injured in an accident, your professional advisor only hase 3 years from the date of your accident to issue court proceedings against the responsible party, otherwise your claim will be statute barred and the court may refuse to consider your claim. You would effectively lose the right to claim compensation. If the injured person is under 18 then the 3 years starts to run on their 18th birthday.

If you are pursuing an industrial disease claim against an employer then typically the 3 years starts on the date of diagnosis but may be earlier if you have already identified a connection between your symptoms and what caused them.
Other time limits which may be shorter apply to Criminal Injuries Compensation Claims, claims arising from accidents on board aircraft and ships, claims being pursued in other countries and Armed Forces Compensation Scheme claims.

After court proceedings have been started, the proceedings must be served by your professional advisor within 4 months of the date of issue otherwise they will be struck out unless the court has granted an extension of time for service.

Early on in the claim following service the court will consider the claim and give appropriate directions to move the case forward to a final hearing. These directions known as case management orders will have time limits for compliance. If these time limits are missed by your professional advisor, it is becoming increasingly common for the courts to strike out the claim and again you would effectively lose the right to claim compensation.

If you think that your professional advisor has missed a time limit in your personal injury claim you need to choose a solicitor who not only understands how the law relating to professional negligence works but who also has the experience and expertise to understand what time limits apply in personal injury litigation and what evidence is needed to prove that the time limit has been missed and that as a consequence you have suffered a financial loss.

Hilary Meredith Solicitors Ltd has years of experience of pursuing professional negligence claims against personal injury practitioners and of pursuing complex personal injury litigation and has an established reputation for its work in these fields.

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To discuss your claim free of charge with our professional negligence team please contact us on 0800 124 4444 or click start your claim now.