Periods of Limitation in Personal Injuries Actions

I have received a number of enquiries regarding the time period a person who has been injured
has in which to lodge a claim for personal injuries. The time period is set down by legislation and
the first step to take in any personal injury action is to ascertain the time period within which a
person who has been injured can issue court proceedings or lodge an application to the Injuries
Board, (depending on the nature of the case).
Since the enactment of the Civil Liability and Courts Act 2004 a person who has sustained an
injury has a period of two years from the date of the injury in which to have proceedings issued or
an application lodged with the Injuries Board. In order to stop the Statute of Limitations running
an application must be acknowledged as received and complete by the Injuries Board, and once
the claim has been registered by the Injuries Board as received and complete, the clock stops
running.
There are some notable exceptions to this rule, particularly relating to persons under a disability,
or a person of unsound mind, until such person ceases to be under a disability. In the instance of
a minor or a child the Courts take the view when the child turns 18 they would have a period of
two years in which to commence their proceedings. There is no need however to wait until a
minor reaches 18 years of age before pursuing a personal injury action and it is recommended that
advice should be sought as soon as possible by the parents or guardian of a minor who has
sustained an injury and wishes to pursue a personal injury action.
My advice to any person that has suffered injuries which they believe a third party may have a
responsibility for is to contact their Solicitor at the earliest possible opportunity. Their Solicitor
should be able upon receipt of their instructions to advise and take the appropriate legal action to
protect their interests. The period under the Statute of Limitations which I referred to relates to
personal injury actions and there are different periods for other legal actions e.g. breach of
contract, defective products, enforcement of arbitration awards, arrears of rent, recovery of land
by state and defamation. The most important thing is to consult with your Solicitor who should
be able to advise as regards the exact legal position.