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How long have you got to make a claim against someone for an accident.?


it wasnt a car accident it wasa skiing one. how long have i got to claim (its now been 7 years, but hte injury i had at the time has got a lot lot worse and is causing me major problems, my back just used to ache, now it actually gives way and i fall over, its also effecting my neck, and i believe it was all and because of this accident as i had no back problems till then)
also if you did sue someone for this kind of injury, and were awarded a load of money, who pay? i mean if it was a car accident then the insurance would but in this situation there wouldnt have been any insurance, so if the person has no money then im guessing you wouldnt get any even if it was awarded..am i right?

the accident happened in switzerland, i live in the uk and the other person lives in spain

This is an interesting question and contains a number of factors. I append as follows:

Claims under UK legislation are governed by the "Limitation Act 1980". This stipulates the time limits with which to make a claim. Under the act Personal injury cases are 3 years from the date of the incident. This is a guideline because some conditions do not manifest themselves until far later. For example, conditions of the lungs suffered by miners.

If the person skiiing caused your injuries then they are liable in an action for negligence provided you can show injuries as a direct consequence of their acts or omissions. Has anything subsequently happened in the intervening 7 years which had nothing to to with the skiing incident?

Furthermore, did you act in such as way as to be responsible for your accidently either wholly or partly? This is called "Contributory Negligence" and is contained in the Law Reform (Contributory Negligence) Act 1945.

There is another hurdle before you could take action. Where is the law justiciable and which law applies? I believe that because the accident happened abroad it may be subject to their legal system (although check on this!).

If subjecty to the jurisdiction of the UK courts then you are certainly outside the statutory period of 3 years in which to claim. However, remember also the LA 1980 also gives time for conditions to manifest themselves which a claimant may not have been aware of at the time.

In order to succeed you would also require evidence. This can be witnesses, medical reports etc.

As it appears you have been hit by a single individual even if you were successful in an action how would you secure the judgment and make them pay the debt which could amount to thousands? It's far easier if suing a company due to the fact they are usually insured and can meet the payments but how do you do that with a single individual?

A lot of individuals who have no means to pay or find it hard to pay can take the easy way out and declare insolvency and simply wipe it all away! It may damage their credit rating for a few years but 拢100,000 plus interest is a hell of a mountain to climb!

I hope this helps and good luck with matters!

It depends on where the accident happened. The statute of limitations for filing suit on a bodily injury claim in Pennsylvania is two years. I have not seen a statute as long as seven years.
You don't say how the accident happened. When you go skiing, you assume a risk. So no one may be liable. If it occurred at a ski resort, the resort would have liability insurance.

All legal claims are limited by a statute of limitations (SoL). The time period varies depending on the type of claim and from state to state. Your claim has most likely elapsed (most tort claims have a 4 year SoL), but you should talk with a lawyer.

I think you only have 3 years to get the ball rolling to make a claim.

If you are in the UK that is.

A car accident claim has 12 months. If someone is killed by a hit and run there is no time limit as it is considered murder,

Stautes of limitation vary by state and type of claim. You need to ask a local attorney. 7 years is a long time to wait.

in the UK IT IS THREE YEARS

It does vary state to state. In my state you have 1 year to file a claim for property damage and 3 years for personal injury.

In regard to a skiing acident, you didn't say if you rwere injured by another person, or if you were injured due to a hazard on the property. If you were injured by another skier, chances are unless they are wealthy, you wouldn't have much of a chance of recovering anything. If it was due to a hazard on the property, then the ski resort or whereever you were, would have liability insurance to cover you.

However, you are likely way past the statute if it has been more than 7 years. That doesn't mean you would get nothing, it just means you would have to actually file suit, instead of settling out of court with an insurance company. An uphill battle to say the least.

The person with whom you collided might have had holiday insurance - which would cover him (if a UK policy) for this sort of incidence - don't know what Spanish policies are like.

In the UK you have THREE years to instigate a claim for personal injury from either the date of loss, the date when you realised you had a loss or your 18th birthday. IN VERY exceptional circumstances this may be extended.

You may be able, however, to make a claim under Spanish Law or Swiss Law - but I don't know the limitations under those criteria.

the limitation period in the UK for a personal injury claim (like yours) is 3 years from date of accident, unless you were unaware that you were injured to to whom the injury was attributable (doesn't sound like this was the case), however there is a discretion to allow claims outside the limitation period.
That said, its unlikely you could claim here. The rule of thumb is that it ought to be where the other party lives or where the accident happened
If you don't think the other party has enough money to pay, then there's no point is suing them, it'll only cost you money.

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