Claiming compensation

 

Compensation claims must be brought within strict legal time limits. Contractual, tortious and latent damage compensation claims have different time limits. The different time limits for bringing a claim are summarised below:

  • Contract claims (excluding personal injury) – 6 years
  • Tort (excluding personal injury and latent damage) – 6 years
  • Latent damage – 6 years or 3 years from date of knowledge

Contract claims

In contractual compensation claims (or claims for specific performance or other contractual remedies), the six-year time limit starts from the date when the cause of action occurs. The cause of action is breach of contract, so the claimant has six years from the date the defendant breaches the contract to bring a claim.

In some cases, the defendant may not have breached the contract but has indicated that they intend to. For example, a buyer of goods may tell the seller they are not going to pay for the goods within the 30-day credit period given to them by the seller. 

In such a case, the seller could sue the buyer for an anticipatory breach of contract. The six-year limitation period would start from the date the buyer told the seller they were not going to pay for the goods.

Medical negligence claims

The High Court and county courts have heard a number of compensation cases relating to medical/clinical negligence. You may have a claim for negligence against a medical professional if you suffered injuries as a result of the treatment received by them.

Road traffic accidents

Many compensation cases have been heard in relation to claimants who have suffered personal injuries as result of a road accident which was not their fault. If you have suffered such injuries, you should contact a personal injury solicitor as soon as possible. You may be entitled to compensation. 

You may also have legal insurance to fund your claim. As an alternative to insurance, many firms offer no-win, no-fee agreements in road traffic accident cases.

Consumer claims

Compensation cases relating to illnesses/injuries suffered as a result of consuming a product have been brought in civil courts. For example, claimants have brought civil action against Cadbury, for contracting salmonella as result of eating their products in 2007.

Limitation periods

In compensation claims, it is imperative that claimants strictly adhere to the relevant limitation periods. The courts only have limited power to extend this limitation period. And, the courts are only likely to exercise this limited power in exceptional circumstances.

You should always bring your claim as soon as possible, and if you are unsure of the differing time-scales get the appropriate solicitor involved.

There have been a variety of different compensation cases heard by civil courts in recent years. A number of scenarios in which individuals suffer an injury can give rise to compensation cases.

In compensation cases brought in civil courts, the claimant must prove their case on the balance of probabilities. If the claimant manages to do this, compensation is awarded to the claimant by the court.

Do you want to bring a claim for compensation for a financial loss you have suffered, whether through a personal injury, or a breach of contract? Contact Law can put you in touch with specialist civil litigation solicitors who are skilled in gaining compensation on your behalf. Please call us on 0800 1777 162 or complete the web-form above.

Call
0800 1777 162
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
Area of law:
Name:
Town/City:
Email:
Phone:
What our clients say about us
"This was the first time I've been to court, which was a nerve-racking experience for me. However, I felt very prepared, I understood my case and representation - this was down to you."
Gavin, criminal motoring, Oct 15
"Your service, and the prompt call back from your recommended firm was very good. I would not hesitate to call again or recommend your service."
Ian, employment law, Truro, July 15
"The firm were excellent, could not have been better! They are exactly what I need right now."
Linda, criminal defence, Thames Ditton, Jul 15
"Your contact and service was immediate and utmost professional, 10/10."
TF, conveyancing, Dudley, Jun 15
"I appreciate the service that you provide. I found you to be courteous, efficient and reassuring at a time when my confidence in justice is completely negative."
Patrick, litigation, Pontypridd, Jun 15
"I cannot tell you how much I appreciate the speed of which you came back to me in. If anyone else can benefit from your help like I have done, it would make my day."
Gail M, family law, Potters Bar, Jun 15
"Your assistance was extremely helpful. Particularly to someone who in 40 years of business has never experienced this sort of issue."
TD, commercial litigation, Galashiels, Apr 15
"It is difficult to express the value Contact Law has to someone like me who had very little understanding of the law and how to proceed forward with my case. Thank you for the service you provided."
AE, defamation law, Worthing, Apr 15
"Thank you for the efficient service I received. I was contacted by your solicitor on the same day as my request. Your quick response to my situation made me feel secure."
AN, employment law, London, Apr 15
"Your service was excellent, very fast and informative. I never got the impression of being pressurised at all. The solicitor you recommended was also excellent – very knowledgeable and supportive."
JHD, Motoring law, Liverpool, Apr 15
Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant

 

We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.