Living with chronic pain can be an overwhelming experience, impacting every aspect of your life. If you’ve developed a chronic pain condition due to a personal injury, you may be entitled to compensation to support your recovery and alleviate the financial burden.
However, it’s essential to understand the time limits for bringing a chronic pain condition case in personal injury law in England and Wales. We will explore the requirements of the Limitation Act, exceptions to the time limits, and how FT Chronic Pain Solicitors can help you navigate these complexities.
The Limitation Act - The Limitation Act 1980 sets out the time limits for bringing a personal injury claim, including cases involving chronic pain conditions. According to the Act:
Primary Limitation Period: The primary limitation period for personal injury claims is three years from the date of the injury or the date when the claimant first became aware of their injury. This means that you generally have three years from the date of the accident or injury to initiate legal proceedings.
Date of Knowledge: In cases where the claimant is not immediately aware of their injury or its cause, the limitation period begins from the date when the claimant first had knowledge of certain key facts:
That the injury was significant enough to warrant investigation.
That the injury was caused, at least in part, by the defendant’s actions or negligence.
The identity of the defendant, if applicable.
Exceptions to the Time Limits - While the primary limitation period is three years, there are exceptions and circumstances that may extend or modify the time limits for bringing a chronic pain condition case:
Minors: If the claimant was under the age of 18 at the time of the injury, the three-year limitation period does not begin until their 18th birthday. This means that they have until their 21st birthday to bring a claim.
Mental Capacity: If the claimant lacked the mental capacity to pursue a claim at the time of the injury or within the limitation period, the time limits may be extended until they regain capacity.
Fraud or Deliberate Concealment: If the defendant fraudulently conceals information relevant to the claim, or if the claimant was prevented from discovering the injury due to fraud, the court may extend the limitation period.
Extension of Time: In exceptional circumstances, the court has discretion to extend the limitation period if it is equitable to do so. This may include cases where the claimant was unable to pursue a claim due to exceptional circumstances beyond their control.
How FT Chronic Pain Solicitors Can Help - At FT Chronic Pain Solicitors, we understand the complexities of chronic pain condition cases and the importance of adhering to time limits under the Limitation Act. Our experienced solicitors specialise in handling personal injury claims involving chronic pain conditions and are dedicated to helping our clients navigate the legal process effectively.
If you’ve been living with a chronic pain condition as a result of a personal injury, it’s crucial to seek legal advice as soon as possible to ensure that you don’t miss any important deadlines. Our team can assess your case, advise you on the applicable time limits, and guide you through the process of pursuing a claim for compensation.
Don’t let time run out on your right to seek justice and compensation for your chronic pain condition. Contact FT Chronic Pain Solicitors today for expert legal assistance and representation.
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