When people are unfortunate to have an accident which causes injury to them resulting from a third-party incident, they often wait and see how the injury is progressing before consulting a solicitor to see if any action should be taken. Some injuries can be dormant only to arise at a later stage. The risk here is that unless they take legal action within two years of the accident, they will be statute barred. That means, in the vast majority of cases, it is too late to take legal action for injury caused by the accident.
So, Can Anything be Done if Statute Barred?
The rule is the personal injury case must be commenced within two years but there are exceptions to this.
This is where a solicitor’s advice is particularly important. They will assess the particulars of the case and see if it falls within any of the exceptions where proceedings can be initiated even outside the two-year limit.
Personal Injuries Assessment Board (PIAB)
Many personal injury cases are determined before the PIAB but if your case is statute barred, the PIAB will decline to take your case. The PIAB is the first place where personal injury claims must be applied for in Ireland.
The Statute of Limitations, on the face of it, would disallow any personal injury case to proceed if outside the two-year limitation period therefore it is critically important to ask your solicitor for advice on whether your case could fall into one of the few exceptions. Speed is of essence but try to avoid this by having an early discussion with your solicitor if you suffer any injury which was caused by a third party.