How long do I have to make a personal injury claim in Ireland?
3 minute read
At ACL Solicitors, we pride ourselves on being one of Ireland’s leading legal teams specialising in personal injury claims. We often encounter individuals who have suffered injuries due to accidents or negligence, but are unaware of the limitation periods when pursuing a claim.
The time limits and exceptions are outlined in the Statute of Limitations Act 1957 and the Statute of Limitations (Amendment) Act 1991.
It’s essential to understand these time limits to ensure your right to compensation remains intact.
How long do you have to file a personal injury claim?
The general rule is that you have a two-year period from the date of the accident or injury to initiate legal proceedings. However, there are specific situations that might affect this starting point:
- Minor at the time of the injury: If the injured party was under 18 at the time of the accident, the two-year period begins on their 18th birthday.
- Delayed knowledge of the injury: Sometimes, the full extent or nature of the injury might not be immediately apparent.
- Incapacity: If the injured person was incapacitated in some way, such as being in a coma or lacking the mental capacity to manage their affairs.
While there are exceptions in rare scenarios, it’s always advisable to consult with a legal expert to understand your specific circumstances. If you’re unsure about your situation, Contact Us for a detailed consultation.
Remember, the two-year limit pertains to the commencement of legal proceedings, not merely contacting a solicitor. It’s crucial to allow your solicitor ample time to prepare and file the necessary documents.
Is there a set timeframe to conclude a claim once initiated?
Once the legal process begins, there isn’t a fixed duration for the case’s conclusion. However, it’s in everyone’s best interest to avoid unnecessary delays. Our dedicated team strives to resolve cases promptly and efficiently.
Why do time limits exist for personal injury claims?
Time limits are in place to promote timely action and maintain the integrity of evidence. As time progresses, memories might become hazy and evidence can degrade, potentially jeopardising a fair hearing.
Common reasons for delays in filing a claim
Over the years, we’ve observed several reasons why individuals might delay or miss filing a claim:
- Lack of awareness: Many are simply unaware of their rights or the fact that they can pursue a claim.
- Doubts about the claim’s validity: Some might be unsure about the strength or validity of their claim until they receive external validation. It is always best to seek independent legal advice from a qualified solicitor as soon as possible.
- Procrastination: Life’s commitments can sometimes lead to unintentional delays.
- Misconceptions: A belief that there’s no time limit to file a claim.
If you’ve suffered a personal injury, what’s your next step?
Time is of the essence. We provide confidential initial consultations with personal injury experts to evaluate your claim’s potential. If you’re in doubt, it’s always better to ask.
Our services are designed for your convenience, ensuring a smooth and stress-free experience. Discover more about how we can assist on our Personal Injury Claims page or Contact Us for a consultation.
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