Personal injury claim evidence deadlines are not something you want to miss. The UK law has not only set fixed deadlines to apply for a claim. It has also defined rules for how long different types of evidences can be retained. Missing any set deadline can result in losing your right to compensation.
This blog will help you understand the important time limits for injury claims in the UK and when to submit evidence for personal injury claims. Let’s get into it without further ado.
Time Limits for Injury Claims UK
The Limitations Act 1980 explains how long do you have to start a personal injury claim. Whereas the Data Protection Act 2018 and the UK GDPR (General Data Protection Regulation) have set the retention rules for different forms of data which can be used as evidence needed for personal injury claims. Here are the important time limits you should know when initiating an injury claim in the UK:
Starting an Injury Claim
Adults have a personal injury claim time frame of three years to start a claim. The time starts from the date of the accident. Not from the date when you initiated the claim. This three-year time limit applies on almost all types of personal injury cases. Courts do not approve extensions. Hence, try to start as early as possible.
Children or minors also follow the three-year time limit for starting an injury claim. Their parents or guardians can make a claim on their behalf when they are under eighteen. However, they have a right to start a claim after reaching the age of eighteen years till their twenty first birthday.
Moreover, there are cases in which a claimant might lack mental capacity. Their family members can start a claim on their behalf by following the same three-year time limit. However, they reserve the right to make a claim after regaining their mental capacity. In such a scenario, their time starts from the date capacity is regained.
Criminal Injury Claims
Claims for criminal injuries are handled by the Criminal Injuries Compensation Authority (CICA). You have a two-year time limit to start a claim after the incident. Act fast to ensure you are in line with the defined personal injury claim timeframe for criminal injuries. Moreover, you must report the crime to the police within 48 hours.
Medical Negligence Claims
These claims also follow a three-year time limit but with a twist known as “Date of Knowledge”. This means that the time starts from the date when a patient realises the symptoms of their injury after a surgery or during their treatment by a doctor.
Fatal Accident Claims
There might be non-fault accidents in which victims do not survive. The Fatal Accidents Act 1976 allows the family members of the deceased victims to start a claim. They have a time limit of three years from the date of victim’s death.
Data Retention Time Limits
The UK law has also defined the retention time limits for different forms of data which can be used as evidence for an injury claim. Hence, it is important to act fast before the evidence disappears. Here are some important data retention practices followed in the UK which you should know:
- An adult’s hospital records for compensation claims can be accessed till 8 years after a surgery or treatment.
- Children’s hospital records are kept till their twenty fifth birthday. It can extend till their twenty sixth birthday if they were 17 years old at the time of their treatment.
- Prescriptions dispensed to patients who were not admitted to the hospital are kept for 2 years by the pharmacies.
- CCTV footage for most public and commercial places in the UK is kept for 30 to 31 days.
- Work accident book records are kept for 3 years from the date of the entry.
- RIDDOR reports for serious injuries at a workplace are kept for 3 years from the reporting date.
When To Submit Evidence For Personal Injury Claims?
You have to submit accurate information to your solicitor at the right time. It helps them in negotiating a fair payout with the defendant’s insurers. It may also expedite the settlement process. Here are some steps you should follow when submitting evidence for an injury claim:
Step 1: Initial Submission to Your Solicitor
Submit all the evidence you have collected to your solicitor as soon as you hire them. It includes photos of your injuries and damaged property, witness details and initial medical reports explaining your injuries.
Step 2: Updated Records During Treatment
You will get updated medical records on your condition during treatment. Share them with your solicitor as soon as you have them. This helps them in estimating the true value of your claim and writing a letter of claim to the defendant’s insurers.
Step 3: Submissions for Court Orders
You must ensure that you present all the evidence required by the court within the given dates. It may consist of medico-legal expert reports, witness statements or other documents which may support your claim.
Bottom Line
You need to follow the injury claim evidence deadlines set by the UK law to get compensated. Do not wait for evidence to slip away. Start collecting evidence today instead of tomorrow. The CCTV footage showing your accident can get deleted within 30 days. Witnesses who saw your accident might forget the details after a week or two. Get in touch with an expert solicitor like RU1NJURED’s panel solicitors as early as possible after your accident. The sooner you begin, the more favourable it is for you to win a fair compensation.
FAQs
1) Do solicitors help in collecting evidence for an injury claim?
Yes, they assist you in collecting the needed evidence. Such as, motorcycle accident lawyers or car accident solicitors help you in gathering evidence needed for your road accident claim.
2) How long do I have to claim for an industrial injury?
Personal injury claim timeframe for an industrial injury like tinnitus or asbestosis is three years from the date it got diagnosed and linked to your work environment.
3) What if I miss court-ordered deadlines for evidence submission?
Your evidence will not be considered by the judge for making a decision. This means you can lose your case despite having valid injuries and following the time limits for injury claims in the UK.
4) When should I ask witnesses for their testimony?
If possible, ask them to send a text message or record their short video explaining your accident on the same day.
