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Statute of Limitations and Date of Knowledge

I was diagnosed with a respiratory illness which developed over time in a previous job, what is the statute of limitations and date of knowledge in my case?

The statute of limitations and date of knowledge is generally three years from the date on which you became aware of your accident and injury. There is a legal time limit for making a claim in order to ensure that not only are claims made within a reasonable space of time, but also to protect the parties who may be held negligent from constant fear of litigation. The start date for initiating a claim is also in place in order to ensure that evidence for a claim can be gathered while still available, and that records are present and memories still reliable. If you have difficulty in establishing your date of knowledge for pursuing compensation, you are advised to consult a personal injury solicitor without delay.

The statute of limitations and date of knowledge may begin upon the date on which you became aware that you had sustained an injury. In many cases, the date of knowledge for pursuing compensation will commence on the day on which your accident occurred, provided that you were immediately aware that you were injured. However in situations such as yours, it is possible that an injury was sustained over a long period of time in which case the time limit for making a claim will commence upon the date on which you were diagnosed with your injury or illness – even if years had passed since you attended the workplace at which your condition developed. The date of diagnosis will be the start date for initiating a claim, and three years will be given from which to initiate a claim.

As complications may occur regarding the statute of limitations and date of knowledge, you are advised to consult a solicitor without delay in order to prepare your claim. It is possible that if considerable time has passed between attending that particular workplace and your date of knowledge for pursuing compensation, evidence to support your claim may be difficult to come by – particularly if the air filtration systems had improved since then. It may be possible that compensation can be sought within the time limit for making a claim if strong evidence can be gathered – for instance, former co-workers who can verify the unsafe filtration system or who may have also developed a respiratory illness. Regardless, a personal injury solicitor should be consulted as soon as possible after the start date for initiating a claim in order to avert your claim becoming invalid due to time.

Following the start date for initiating a claim, you should contact a personal injury solicitor without delay to establish your eligibility for making a claim. Your solicitor can assist in determining liability for your injury, establishing the strength of your claim, calculating the amount of compensation to which you may be entitled and ensure that you seek compensation within the time limit for making a claim. Once the date of knowledge for pursuing compensation has passed, you will only have a limited amount of time in which to make a claim, because of which a solicitor should be consulted at the earliest opportunity to ensure that the statute of limitations and date of knowledge do not become an issue.