There are 2 main exceptions to the 3-year time limit, which apply to those under the age of 18 and those who lack the mental capacity needed to claim for themselves.

Claims For Those Aged Under 18

The time limit doesn’t apply to under-18s because they can’t claim for themselves. Instead, an adult can claim on their behalf by applying to be their litigation friend. 

A litigation friend works by acting in the best interests of the claimant. For example, they’d communicate with their solicitor and the Courts, and do what they can to make the claimant aware of what is happening. 

They can start a claim on their behalf at any time up until the claimant turns 18. After that, if no claim has been made, the injured party has 3 years to start proceedings by themselves.

Claiming After Mental Incapacitation

It’s similar for those who lack the mental capacity to make their own accident at work claim, though there are a few key differences. For example, a litigation friend still makes the claim on their behalf, but the time limit is suspended completely.

It isn’t reinstated unless the claimant regains the needed mental capacity, in which case they’ll have 3 years from the date of their recovery.

Loved Ones Claiming After Fatal Accidents

The 3-year time limit applies to fatal accident claims as well as personal injury claims. This time limit runs from either:

• The date of death
• The date of knowledge which can be formed from the date of a postmortem or inquest.

It is important to note that only the deceased’s estate can claim within the first  6 months of the death. This can cover pain and suffering, as well as the effect it had on the dependents, as per the Law Reform (Miscellaneous Provisions) Act 1934

If the estate does not claim for the dependents in the first 6 months, they can then make their own claim for how the death has impacted them.

If you’re interested in acting as a litigation friend or would like to learn more about the fatal accident claims time limit, contact our team of advisors today.