Q&As

If limitation expires for the purposes of a personal injury claim (three years from the date of accident), does the same limitation period apply to a loss of earnings arising from the same incident (loss of earnings being a monetary claim)? Or would it be for a loss of earnings six years from the date of the accident for limitation?

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Produced in partnership with Christi Scarborough of 42 Bedford Row
Published on LexisPSL on 30/01/2018

The following PI & Clinical Negligence Q&A produced in partnership with Christi Scarborough of 42 Bedford Row provides comprehensive and up to date legal information covering:

  • If limitation expires for the purposes of a personal injury claim (three years from the date of accident), does the same limitation period apply to a loss of earnings arising from the same incident (loss of earnings being a monetary claim)? Or would it be for a loss of earnings six years from the date of the accident for limitation?

If limitation expires for the purposes of a personal injury claim (three years from the date of accident), does the same limitation period apply to a loss of earnings arising from the same incident (loss of earnings being a monetary claim)? Or would it be for a loss of earnings six years from the date of the accident for limitation?

This Q&A considers whether the time limit in respect of personal injury claims under the Limitation Act 1980 (LA 1980) applies to loss of earnings relating to the same incident.

LA 1980, s 11(1) states:

‘This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision

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