There are certain circumstances and types of personal injury claim where either there may be exceptions to the three year limitation period or where a different limit applies. 

Below we look at some of these exceptions and highlight where other legislation may apply. 

Claiming On Behalf Of Someone Under 18

In cases involving minors (under 18 years of age) the limitation period does not apply until they turn 18, running until their 21st birthday. However, prior to this, a parent or guardian may act on their behalf as a litigation friend. If no claim is made before the child turns 18, they may claim on their own behalf. 

For example, a child breaks their leg in a playground due to poorly maintained equipment. A parent may make a claim against the local authority on their behalf. 

Mental Capacity

The limitation period will be suspended in instances where the injured person lacks the mental capacity to manage their own legal affairs. Mental capacity is defined under the Mental Capacity Act 2005. A litigation friend may initiate a claim at any point and it is not subject to a time limit. If the injured person does regain their capacity to manage their own affairs, the standard time limit will be applied from this date. 

For example, a person suffers a traumatic brain injury in a workplace accident, losing their ability to manage their own affairs. Another person may act on their behalf as a litigation friend. 

What Is The Date Of Knowledge?

The date of knowledge is the date on which the injured person becomes aware of their injury and of what caused it. As highlighted earlier, this may be relevant when making a clinical negligence claim. The date may be different to the date on which the incident occurred as you may not be immediately aware that medical negligence occurred. 

For example, a patient is left with persistent pain following knee replacement surgery. A specialist later determines that this is due to the surgery being performed incorrectly. The limitation period would begin from this diagnosis. 

Fatal Injury Or Illness Claims

The fatal injury claims time limit is three years. This time limit may begin on either the date on which the person died, or the date of knowledge. The date of knowledge may be derived from the date of a postmortem or inquest. 

We must note that under the Law Reform and Miscellaneous Provisions Act 1934, only the deceased’s estate can bring a claim during the first six months following their death. The estate may claim for the pain and suffering of the deceased as well as financial losses. 

If no claim is made by the estate, dependents and qualifying relatives of the deceased may claim for the effects of the death on them. Such claims fall under the Fatal Accidents Act 1976. 

For example, during an inquest, it is found that a person’s death due to sepsis was caused by delayed treatment. The time limit for the estate or family to make a claim begins on this date. 

Criminal Injury Claims

Criminal injury claims may be brought either against the perpetrator directly, or through the Criminal Injuries Compensation Authority (CICA). This is a government-funded agency which compensates victims of violent crimes in Great Britain. 

Unless there are exceptional circumstances preventing you from doing so, generally claims made through the CICA must be started within two years of the incident. Exceptions may be considered on a case-by-case basis. 

If the incident was not reported at the time, they have two years to claim from when it is reported. There must also be exceptional circumstances which prevented you from reporting it at an earlier stage. 

For example, a minor was criminally injured and reported the incident to the police. They have two years from their 18th birthday in which to make a CICA claim. 

Accidents That Occurred Onboard A Ship

Claims for accidents on ships, such as a cruise liner must be made within the time limit set by the Athens Convention. Under this convention, any personal injury claim for an accident onboard a ship must be made within two years of disembarking the ship. 

For example, a passenger on a cruise ship trips over a broken deck and badly twists their ankle. Their personal injury claim must be made within two years of leaving the ship.  

International Flights

How long you have to claim for an accident or injury on an international flight is governed by The Montreal Convention. This international agreement sets a two year time limit in which to begin a claim. 

For example, an airline passenger trips over damaged carpet inside an aircraft and suffers a rib injury. They have two years in which to claim compensation. 

Domestic Flights

Similar to the time limit applicable to international flights, any personal injury claim for an accident on a domestic flight must be started within two years. 

For example, a passenger may be struck on the head due to improperly stored overhead luggage. They must bring their head injury claim within two years. 

Accidents Or Illnesses That Happened Abroad

How long you have to claim if you have fallen sick or been injured whilst on holiday may depend on the individual country’s laws. The time limit may be shorter or longer than that applicable in England and Wales.

Under the The Package Travel and Linked Travel Arrangements Regulations 2018 you may be able to bring your claim in the UK if fault lies with a UK based package tour operator. 

For example, a holiday maker could slip and fall on a damaged staircase in a hotel booked as part of their package holiday. Your claim could be made against the UK tour operator. 

As seen, the personal injury limitation period for your claim may differ depending on the circumstances in which you were harmed. It is important to begin your claim at the earliest possible time. A specialist solicitor could help you make a compensation claim.