16 Feb How long do I have to claim for personal injury compensation?
Most of our clients ask us the same question in one way or another:
Can I still claim compensation for my personal injury?
How long do I have to claim for an accident?
Is my personal injury claim still valid?
If you have been involved in an accident in Ireland and wish to make a personal injury claim there is a defined period of time for you to do this, depending on your circumstances.
For most personal injury cases you have two years from the date of the accident to make your claim. The two year period runs from the date you knew or ought to have known that damage occurred. In most cases it will be clear that the damage occurred on the date of your accident and therefore the two year period commences on the date of your accident to make your personal injury claim.
We advise you to speak with one of our personal injury solicitors as soon as possible to see if you still have time to claim or if one of the exemptions below apply to your claim.
This time period is defined by the Statute of Limitations for personal injury compensation claims in Ireland. If you are outside of this time, you will be barred by the Statute of Limitation Act from bringing your claim.
Exception to the two year rule
There are certain exceptions to the two year rule for personal injury claims. For example , in the case of a Minor, a personal injury claim may be made on their behalf before they are 18 years of age, however the 2 year statutory period does not start running until they are 18 years of age. Therefore if a claim for personal injury was not made on their behalf whilst they are a Minor, the have a two year period in which to make the claim from their 18th birthday. It is however recommended that any claim is made as soon as possible after an accident.
As the time period does not commence until date of knowledge of an injury, there are certain circumstances in which a person is not aware that they have suffered any damage; for example in relation to industrial diseases acquired over time or asbestos related injuries. The two year period commences from the date on which the injured person knew or ought to have known they sustained damage.
Other Exceptions for making a personal injury claim past 2 years
The Statue of Limitations in Ireland also provides other exceptions in particular circumstances. Examples include misdiagnosis of an illness, where the Statute of Limitations does not begin until you become aware of the correct diagnosis.
To learn if you can pursue your personal injury claim contact one of our personal injury solicitors now.