Statute of Limitations and Time Limits for Bringing A Personal Injury Claim*
When bringing a personal injury claim, it is essential that you do so within the time limits sets out in the Statute of Limitations Act of 1957 and the Amendment Act of 1991. If you have been injured in an accident that was caused by the negligence of someone else, you may be entitled to be compensated for the injuries and the losses you have incurred as a result of the accident. However, when bringing a claim for personal injuries, it is essential that you submit your application to the Personal Injuries Assessment Board and where necessary issue your personal injuries summons within the strict time limit set out by the Statute of Limitations.
What is the Statute of Limitations?
For the purpose of personal injury law, the statute of limitations is the length of time a person has to initiate a claim for personal injuries. The terms are set out in the Statute of Limitation Act, 1957 and the Amendment Act, 1991. Under the terms of the act, a person has two years less one day from the date of knowledge to initiate a claim for personal injuries.
Statute of Limitations – What is the date of knowledge?
According to the Act, when establishing the date of knowledge, one has to look at when the victim had knowledge of the following facts: –
- When they had been injured;
- When they acknowledged that the injury in question was significant;
- When they acknowledged the injury was attributable in whole or in part to an act or omission which is alleged to have constituted negligence, nuisance or breach of duty;
- The identity of the defendant and;
- If it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the briniging of an action against the defendant.
In many cases, the date of knowledge will be the date of the accident. For example, if you were injured in a road traffic accident, where you were rear ended by a third party, which resulted in you breaking your arm, you would immediately realise that you would have: –
- a) Been in an accident;
- b) That the accident was the fault of the third party;
- c) That your injuries had been significant.
Statue of Limitations – Better Safe than Sorry.
However, in many other cases, the date of knowledge can be more nuanced because you may not realise that you have had serious injuries until the days and weeks after the accident or you may not realise who is responsible for your injuries. That said, we would always advise people to air on the side of caution and to submit your application to the Injuries Board, within the two years, minus one day of the date of the accident.
Hanahoe and Hanahoe Solicitors Experts in Personal Injury Law*
For further information on the Statute of Limitations or indeed any aspect of personal injury or accident law, please do not hesitate to contact Hanahoe and Hanahoe Solicitors on 045-897784 (Naas Office) or on 01-5255637 (Dublin office) or firstname.lastname@example.org, on LinkedIn or Facebook
This article is merely for information purposes and is not and should not be taken as legal advice. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.