The answer to this question will depend on the circumstances of your claim. Generally speaking, claims that involve serious injuries or where the defendant insurer is denying liability will need to be heard in court.
This can be a stressful time for claimants who have to worry about deadlines, while trying to recover from their injuries.
What is the Limitation Period?
Typically, in the UK, a claimant has three years from the date of their injury or the date they acquired sufficient knowledge to realise that their injuries were caused by the negligence of another party. There are exceptions to this rule though and they often relate to child cases and people who lack mental capacity.
For example, if someone under the age of 18 sustains an injury due to their employer breaching their duty of care and failing to provide them with suitable equipment (e.g. a ladder) then this falls within the rules of the Limitation Act 1980, section 11. In these circumstances, the three year time limit doesn’t start until they turn 18, however if they were rendered mentally incapable as a result of their accident then their claim can be made on their behalf by a litigation friend.
If you are considering making an RTA injury claim, you should speak to our expert team as soon as possible to ensure you do not fall foul of the limit. There are a number of procedures that need to take place before your case can be formally submitted to the Court and this can easily push you beyond your granted time limit.
We can also advise you on whether or not a legal argument is viable for an extension to the time limit for your case. This may include the fact that you have incurred additional expenses as a result of your injuries which are not covered by standard insurance policies such as rehabilitation, physiotherapy and home adaptations.
What are the Statutory Limits?
The statute of limitations has a huge effect on when you can file a lawsuit. It also affects the negotiations you can have with the person or company that injured you. If you file a personal injury claim after the statute of limitations has passed, the court may throw out your case.
In Ireland, all claims for compensation following an accident that caused injuries are submitted to the PIAB (Personal Injuries Assessment Board). PIAB will assess the claim and provide a compensation amount based on guidelines. PIAB can depart from these guidelines, but it must explain why it did so. If the person you hold responsible for your injuries (the respondent) doesn’t agree to having their claim assessed by PIAB, or they reject the award, you can take the case to court.
The Portal will create the Court Valuation Form used in proceedings once the claimant selects the “go to court” button on their Portal account. Nothing in this Protocol prevents a claimant from starting court proceedings to protect their rights for limitation purposes, however. It’s always a good idea to consult an experienced attorney in these circumstances. There are certain events that can toll or delay the statute of limitations, such as when an injury is not discovered until much later.
What is the Statutory Time Limit?
The statute of limitations has a big impact on personal injury claims. If you file a lawsuit after the statute of limitations passes, your case could be thrown out of court. Fortunately, there are exceptions to the statute of limitations. These exceptions can allow you to extend your time to file a claim or even waive it altogether in some cases.
The Statutory Time Limit
In general, the statute of limitations in personal injury cases is 3 years from the date of the accident. This means that if you are injured in a car accident, for example, you have 3 years to file a claim after the accident. In certain cases, however, the statute of limitations can start or end earlier depending on the type of injury and when it was discovered.
For example, if you have an injury that is not immediately apparent, such as carpal tunnel syndrome, you may not be diagnosed with it until much later. In that scenario, the statute of limitations would start when you were diagnosed.
You must inform the person you hold responsible for your injury (the respondent) about your claim within 1 month of your accident. Then the person or company must have 90 days to agree to let PIAB assess your injury. If they refuse, you can then take them to court for compensation.
Will I Have to Go to Court?
There are many factors that could decide whether or not you need to appear in court for your RTA injury claim. These include whether or not you were in a vehicle at the time of the accident, what injuries you have sustained and how severe those injuries are. The RTA Protocol will also play a significant role in your decision to go to court or not.
If you are unsure about whether or not your case requires a court appearance, it is best to consult with an experienced personal injury solicitor as soon as possible. This will give you more chance of retaining crucial evidence and giving your solicitor the opportunity to get the best possible outcome for you.
If you are considering bringing a claim for a RTA-related injury, you should start the process by submitting an application to PIAB. They will issue you with an application number and inform the person or company you hold responsible for your injuries (the respondent) that a claim has been made. This will give them 90 days to agree to let PIAB assess your claim. Alternatively, you can start the process by applying directly to court. In this case, you will need to pay the appropriate court fees.
Visit the link to learn more: https://openaiblog.xyz/rta-injury-claim/
