Making Whiplash Claims in Time
If you have sustained a whiplash injury in an accident that was not your fault then you will more than likely be able to make a whiplash claim. Indeed, a successful claim will enable you to be suitably compensated for any damage or suffering which you may have had to endure as a result of the accident.
However, as with all personal injury claims, there are certain time limits which you need to be aware of when seeking compensation for whiplash.
What time limits do I need to be aware of?
In general, you will have three years to make a claim – the date by which you must have made your claim by is known as the ‘date of limitation’. This three year window is usually measured from the date of the accident itself; however, it is sometimes possible for that window to start from the ‘date of knowledge’ i.e. the date you first became aware of your injury. Of course, whiplash is an injury which usually becomes apparent very soon after the event, so it is most likely that your time frame will begin from the day of your actual road traffic accident.
What if the date of limitation has passed?
If you fail to start legal proceedings before your date of limitation passes then you will not be able to make a claim. Indeed, you may even find it hard to procure the services of a solicitor if you are still within your date of limitation but have a very short time left until it passes. When it comes to making personal injury claims, it really is in your best interests to seek out qualified legal advice at the earliest possible opportunity.
Are there any exceptions?
There are two exceptions to the date of limitation rule. The first exception is if the whiplash victim lacks mental capacity – there will be no time limit whatsoever in these circumstances. Secondly, whiplash victims who are under the age of 18 are considered to be minors and therefore they will usually need a parent or guardian to make a claim on their behalf. However, any whiplash victim who wants to make a claim of their own as soon as they turn 18 will have a period of limitation that begins from their 18th birthday. In essence, this will mean that he or she will have until their 21st birthday to make a claim.
The very best way to ensure that you do not run out of time when making a personal injury claim is to obtain qualified legal advice as soon as possible. Indeed, time is of the essence in such situations so you really out to get in touch with a solicitor the moment you become aware of your whiplash injury.
To find out more about whiplash injuries or enquire into the viability of making a claim of your own, explore our web pages further or speak to one our friendly advisors by calling 0800 6127612.