How long can i wait to file an insurance claim

If you have been injured through no fault of your own, whether as a result of a car accident, an accident at your workplace, or a slip, trip, or fall on public roads, you may want to consider filing a personal injury claim. Compensation for injuries If you can prove that the accident occurred due to the negligent act (or omission) of another person, it is likely that you can make a successful compensation claim.

However, there are very strict time limits for filing personal injury claims and there may be little or nothing you can do if you don’t act on time.

Reading: How long can i wait to file an insurance claim

How long after an injury can I claim compensation?

While there are time limits by which you must have started court proceedings for your personal injury claim, there is no set amount of time you must wait before you can start your claim.

One of the advantages of filing a claim soon after the accident is that witnesses will be easier to find, they will be more likely to testify, and your memory of the events will be clearer. also, if there is any doubt as to whom the claim should be brought against, more time will be given to find the right opponent.

See also: Optional Accidental Death & Dismemberment

If you have any questions or concerns about starting a compensation claim, please read our guide on filing a personal injury claim or contact us.

adult personal injury claims

The general rule of thumb for adults considering filing a personal injury compensation claim is that you have three years from the date of the accident or incident to file a claim.

If your claim has not been resolved, or legal proceedings have not been initiated, by the third anniversary (3 years) of the accident, the law will prevent you from filing a claim. There are some exceptions to this rule, but they are not easy to comply with. however, if your injury or illness was caused by the negligent act or omission of a member of the medical profession, then your claim would be classified as ‘medical or clinical negligence’ and the three-year time limit may start from the time that the act or omission of the treating medical professional was identified as the cause of your injury or illness (which may occur some time after the actual event).

If your claim resulted from an industrial accident or illness, the three-year period does not begin to run until the claimant first had “knowledge” of the medical condition, which is generally determined as the date a positive diagnosis was confirmed by a qualified physician. doctor.

How long do I have to file a child injury compensation claim?

The rules related to children who have suffered injuries or illnesses as a result of an accident are slightly different. however, the three year time limit still applies, instead of having three years from the date of the accident to file a claim, the law states that a ‘child’ has three years from the date of the accident. the date you turn 18, which is the age of maturity at which to file a claim. your claim, therefore, must have been resolved or legal proceedings commenced before the child/adult’s 21st birthday.

See also: How to estimate replacement cost of home for insurance

This rule gives the parents or guardians of the injured child the option, at the time of the accident, to file a claim immediately (and have any compensation awarded to the child placed in a court fund until the child reaches at age 18) or wait until the child reaches the age of maturity and let them make their own decision about whether to file a compensation claim for injuries they sustained as children.

An anomaly to this is if an accident occurs on an aircraft where the statute of limitations is two years from the date of the accident.

In order to minimize the risk of the law preventing your claim from being filed due to the statute of limitations, it is recommended that you seek legal advice from an experienced personal injury attorney as soon as possible after the accident. Likewise, if your child has been injured, it would be beneficial to discuss your options with an attorney who specializes in child injury claims so that you are clear on what action to take.

what happens if I die before my case is resolved?

The general rule is that if you die within three years of the accident, the personal representative of your estate (executor, next of kin, etc.) will have three years from the date of your death to initiate proceedings. judicial.

So, what are the personal injury claim time limits for each type of case?

The above are simple guidelines and if you are in any doubt about the time limits, you should seek the advice of an experienced personal injury attorney as soon as possible after the accident or date of knowledge.

See also: How long does a speeding ticket affect your insurance rates