Can I Claim for an Old Injury?

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Old Injury

Personal injuries can ruin lives, both in the short term and long term. Feelings of embarrassment or feeling like we could have done more to prevent our injury from occurring in the first place can often prevent us from taking action. Months or years down the line, you may decide that the time is right to speak to a lawyer (click the link to find a personal injury attorney for more information). Read on to find more details about how you can claim for an Old Injury.

However, you should be aware that depending on your type of injury, certain claim time limits may be in place. These limits can extend into years, so unless you are trying to begin a claim from a very long time ago, you may find that you qualify – this does however depend on your specific situation and location.

In other circumstances, you could find that you did not know that your injury has a link to third party negligence. claim for an Old Injury

Childhood injuries – claiming as an adult

In most places, adulthood begins at 18 years of age (always check if this is correct for your area of the world). The age at which you become a legal adult is known as the age of majority. “Minors” constitute anybody under this age. 

You cannot begin a claim as a minor on your own. A parent or guardian must act on your behalf. However, where a parent or guardian did not start a claim on your behalf, you have the right to begin your claim from the date of your 18th birthday (again, this age may be different in different parts of the world). 

Each type of claim comes with different claim time limits, and you will typically have to act within one, two, or three years of the age of majority. 

Sometimes, people may not be aware that their childhood injury was caused by negligence until years into adulthood. In cases such as these, we must move on to look at the date of knowledge. 

Resetting your time limit for a claim for an old injury – your date of knowledge

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Your date of knowledge is special. This is the date upon which you become aware that your injury has a link to third party negligence. Where there is a link to negligence, a legal case may be able to prove that you deserve rightful compensation. 

For example, exposure to hazardous materials can lead to breathing problems. Childhood breathing issues may be put down to childhood asthma, meaning the real cause of your issue is not investigated or known about. If your so-called “asthma” does not dissipate into adulthood, you could be diagnosed with mesothelioma, and you may find that you have underlying causes linked to an instance of exposure to hazardous materials

You must act within the relevant claim time limits from the date of finding out that your injury has a link to negligence on behalf of a third party. Always speak to a lawyer as soon as possible to increase your chances of a successful outcome. 

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