Injuries Board & Statute of Limitations

Purdia

Apologies I did search the Boards and googled and rang the Injuries Board but I cannot find the answer to my question.

I simply need to know when does my PI claim become statute barred in the circumstances where the date of injury was in Dec 2010, claim submitted to IB and a letter of authority issued in Sept 2012.

Barrister has yet to issue proceedings so I am worried

Many thanks in anticipation

Robbo

The date when PIAB acknowledged the application is key here.

Basically, you have 2 years. The clock stops on the day PIAB acknowledge it and starts running again 6 months on from when PIAB release you to take proper proceedings.

Reloc8

Purdia wrote: »

Apologies I did search the Boards and googled and rang the Injuries Board but I cannot find the answer to my question.

I simply need to know when does my PI claim become statute barred in the circumstances where the date of injury was in Dec 2010, claim submitted to IB and a letter of authority issued in Sept 2012.

Barrister has yet to issue proceedings so I am worried

Many thanks in anticipation

You should ask your solicitor about these things. There is no need for you to carry this worry.

Against my better judgment, it is worth noting that in the example given a six month time limit commences when authorisation issues within which proceedings must be issued. That period is extended out to cover a further period which is 2 years (the statute of limitations for personal injury actions) less any portion of the 2 years used up between the date of accident and date of application to PIAB.

This is not legal advice and cannot be relied upon. It is the irrelevant ramblings of some nut job on the internet.

ResearchWill

Purdia wrote: »

Apologies I did search the Boards and googled and rang the Injuries Board but I cannot find the answer to my question.

I simply need to know when does my PI claim become statute barred in the circumstances where the date of injury was in Dec 2010, claim submitted to IB and a letter of authority issued in Sept 2012.

Barrister has yet to issue proceedings so I am worried

Many thanks in anticipation

As long as the matter is one covered by the extension given by the PIAB act, (injury at sea is two years and is not extended) in most cases the statute stops running when you apply to IB and remains on hold for a further 6 months after they issue authorisation. So as you say injury is Dec 2010 in the normal course that would run out in Dec 2012, but say you sent in application in in June 2012, then you are 1 year six months into limitation period, the clock stops, then decision September 2012, so clock starts ticking again in march 2013 and you then have remainder as in my example 6 months so statute runs out in September 2013.

Purdia

Thank you all so much, that has greatly eased my mind.

I just need my solicitor to put a rocket up the barrister now