News & Info

Summary

• The statute of limitations on personal injury claims is the legal time limit on when you can make a personal injury claim.
• In most cases, this is two years, minus one day from the date of the accident or injury, or date of knowledge of your injuries,
• Personal injury claims for children are treated differently. A parent or guardian can make a claim on the child’s behalf at any time up to the child’s 18^th After the child turns 18, they have two years, minus one day to make a claim themselves.
• There are a few other exceptions to the statute of limitations

If you are thinking about making a compensation claim in Ireland for injuries you sustained in an accident, you need to be aware of the legal time limits.

Too often, people are unaware of the strict timeframe in which you can make a personal injury claim. Once the deadline has passed, you lose your legal right to seek compensation for your injuries and expenses.

In most cases, with a few exceptions, the timeframe available to make a claim for compensation is:

• Two years, minus one day from the date of the accident or injury, or date of knowledge of the injuries.

 

What is the date of knowledge?

The date of knowledge is the date you first became aware of your injury. In many cases, this is the date of the accident. For example, if someone breaks their leg in a car accident, they know straight away that they have been injured.

However, some injuries or illnesses may not become clear until later. In these cases, the date of knowledge may be the date the person first became aware of their injury.

Is the time limit the same for a child?

The time limits for making a personal injury claim involving a child are slightly different from those that apply to an adult.

A child under the age of 18 cannot bring a claim themselves. However, a parent or guardian can make a claim on their behalf at any time before their 18^th birthday.

After the child’ turns 18 years of age, the normal two year minus one day time limit applies. They can then pursue the claim themselves within this timeframe.

However, where possible, it is advisable to take legal action for children’s cases sooner rather than later. The more time that passes after the incident, the more difficult it may be to source important evidence needed for the case.

Are there any exceptions to the time limit rule?

Yes. While most personal injury claims are subject to the two-year-minus-one-day time limit, there are a few exceptions to this rule.

For example, if someone’s injuries are so serious that they are unable to make a claim, or if their injuries have impacted their mental capacity, the time limit may potentially be extended.

Also, if there was a misdiagnosis of an illness, the two year minus one day time limit would start from the date of the correct diagnosis, rather than the date of the illness or injury.

As every case is different, it’s best to speak with a specialised personal injury solicitor who is familiar with these types of cases. They can help you understand how much time you have to make a claim.

Do I need to wait for my injuries to heal before making a claim?

No. This is a question we are frequently asked, but you can begin the claims process immediately after you are injured – you do not have to wait for your injuries to heal first.

Your solicitor will request updates on your condition throughout the claims process, with medical reports and other evidence used to show the extent of your injuries.

Again, the sooner you start the process, the better chance you have of a successful outcome. Remember that the clock starts from the date of the accident or date of knowledge of your injuries, so waiting for your injuries to heal before making a claim will lose valuable time in the claims process.

Can I still make a claim in the last few weeks before the time limit expires?

There is no straightforward answer here, because this will vary for every case. It can be difficult, and sometime impossible, to make a claim if you are very close to the two-year deadline. The best thing to do is to contact a specialist personal injury solicitor, who will review your case, and the time remaining on the statute of limitations, and will advise you accordingly.

What happens if I miss the deadline for making a claim?

If the legal deadline has passed, it is unlikely that you will be able to make a claim, as your case will be ‘statute barred’.

If you think you missed the deadline, it is worth checking with a personal injury solicitor, just to be sure. They can assess your situation and explain if there are any other options available to you.

Speak to a solicitor sooner rather than later

Getting legal advice early gives you more time to understand your options and gather important evidence for your claim.

However, even if you are close to the deadline, it is still worth contacting us. Our team can review your circumstances and let you know whether you still may be able to make a claim.

Contact us today and tell us about your case. We will listen to your situation and explain the next steps as clearly as possible.