If you have been injured in an accident that was not your fault, you may be entitled to make a personal injury claim. A claim is not about blame for its own sake. It is about recovering the cost of what the injury has taken from you - your health, your earnings, and your time. But there are firm rules about what you can claim and, just as importantly, how long you have to act. Here is how it works in Northern Ireland.
You usually have three years to make a claim
In Northern Ireland, the time limit for most personal injury claims is three years. This is set out in the Limitation (Northern Ireland) Order 1989, and the clock normally starts on the date of the accident.
One point catches people out more than any other: the three years is the deadline to issue court proceedings, not simply to contact a solicitor. Your solicitor needs time to prepare and lodge the claim properly before the deadline, so leaving it to the last minute is risky.
If the deadline passes, your claim will usually be statute barred - which means you lose the right to pursue it no matter how strong it is.
When the three years can start later, or not at all
There are exceptions to the standard three years:
- Date of knowledge. If you did not realise straight away that you were injured, or that the injury was someone else's fault, the three years can run from the date you became aware. This often applies in medical negligence or industrial disease cases.
- Children. If the injured person was under 18, the time limit does not start until their 18th birthday, giving them until they turn 21 to bring a claim.
- Mental capacity. If an injured person does not have the mental capacity to manage their own affairs, the time limit may not run while that remains the case.
- Fatal claims. Where someone has died, a three-year period generally runs from the date of death.
A court does have a limited discretion to allow a claim outside the three years, but it is rarely granted - so it should never be relied on.
What you can actually claim for
Compensation in a personal injury claim falls into two broad categories:
- General damages cover the injury itself - the pain, the suffering, and the effect on your day-to-day life. In Northern Ireland these are assessed under guidelines specific to this jurisdiction, which is one of several reasons a claim here is not the same as one made in England and Wales.
- Special damages cover the financial losses the injury has caused you. These can include lost earnings, medical and treatment costs, care provided by family members, travel to appointments, and other out-of-pocket expenses. Keeping records and receipts from the outset makes this part of a claim far easier to prove.
The kinds of claim we handle
Personal injury covers a wide range of situations, including:
- Road traffic accidents
- Accidents at work
- Slips, trips and falls in public places
- Clinical and medical negligence
Each has its own evidence requirements, but the underlying principle is the same. You need to show that someone owed you a duty of care, failed in that duty, and caused your injury as a result.
What to do after an accident
A few practical steps protect both your recovery and your claim:
- Get medical attention and make sure the injury is recorded
- Report the accident to the police, your employer, or the premises, as appropriate
- Keep evidence - including photographs, the names of any witnesses, and any documents
- Get legal advice early, well before the three-year deadline comes into view
At Fisher & Fisher, our litigation team acts for people across County Down and Belfast in personal injury claims, from road traffic accidents to serious and complex cases. We will tell you honestly where you stand before you commit to anything.
This article is general information about the law in Northern Ireland and is not legal advice for your situation. If you have been injured and want to know where you stand, speak to one of our solicitors. Call your nearest office or send an enquiry and a member of our team will be in touch within one working day.
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