If you feel you have cause to make a personal injury claim, don't wait too long before taking legal action. Under normal circumstances, it must be started within three years of the incident that gave rise to the claim or of its having an effect upon the claimant.
One recent case highlights the possible complexities of this rule. A serviceman was partially deafened during a Ministry of Defence (MoD) exercise in 1993 - an injury which he immediately noticed and which was confirmed by tests in 1994.
It was not until 2004, however, that his condition had worsened sufficiently for his status to be formally downgraded, making him likely to be excluded from active service.
He commenced a claim in 2004 against the MoD, who argued unsuccessfully that it should be rejected for being out of time. At the Court of Appeal, however, it was decided that the man possessed all the facts he needed to know that his injury was serious in 1994, making his claim out of time.
If you believe you have grounds to make a personal injury claim, our lawyers are always available to help you decide whether or not you have a case. For individual advice contact a member of our Personal Injury department on 01553 660033.
