Compensation Claims

Compensation can be claimed for a range of different wrongs. If you have been injured at work, or been the victim of negligence, or had your finances unfairly impacted by the behaviour of someone else, then you might be able to pursue a claim in court and get financial redress.

The time-limit often given for a claim following an accident is three years. In practice, however, this limit is rarely absolute. So how long after an accident can you claim compensation? The answer, as ever, is: it depends. 

If the full extent of your injury was not apparent at the time of the accident, then the deadline (known as the ‘limitation date’) will be pushed back to three years from the time you learned about the negative consequences. Further exceptions come for children, for lethal cases, and for criminal injury cases.

If you have been injured in a car accident that was not your fault, then a competent, specialised lawyer will be able to extract compensation based on the extent of your ‘pain and suffering’. This is a technical term which refers not just the physical harm you have undergone, but mental problems, too.

If your flight has been delayed or outright cancelled, then you might also be entitled to compensation. Typically, the delay will need to be two hours or more, and it will need to be the fault of the airline. So, if the country to which you are flying closes its borders, then you cannot hold the airline to account. The amount you are compensated will depend on when the cancellation came, and when the replacement flight is due.

If you have accepted an offer of settlement after a personal injury claim, then you can expect to wait between two and four weeks for the funds to arrive. Other kinds of compensation may arrive more quickly, or more slowly.

If you have been injured while at work, then it might be that you can take action against your employer, and be awarded damages. Make sure that you document the accident, along with any accompanying injury, at the moment they occur. If there are any witnesses, then make sure that you have their contact details, as their testimony might be invaluable. 

You will need a solicitor to provide legal advice for your situation. You can find one local to you using the Yell.com listings.

Generally speaking, if you are not doing anything in return for the compensation (like providing a service), then the sum is not going to attract VAT. This is the case with most types of compensation. However, it is worth clarifying this with your solicitor.

If your data has been compromised, then you can hold the individual or organisation responsible under the Data Protection Act 2018, which is an implementation of GDPR. Before taking your claim to court, you can take matters to the Information Commissioner’s Office, which will provide a view on whether the regulations have been breached.