You can make a personal injury claim within three years of the accident in question taking place. After this time limit has passed, you can no longer make a claim.

If the claim is based on an illness caused by negligence, then the three year limit will run from the ‘date of knowledge’, which is the date an injured person first becomes aware that; 1) they have suffered injury, and 2) the injury is attributable, at least in part, to someone else’s negligence.

There are a few exceptions to the three year time limit, including:

  • A brain injury left you ‘mentally incapacitated’ and unable to make a claim during the three years
  • You were less than 18 years old at the time of the accident. In this case the three year time limit will run from the date of your 18th birthday
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