How does the 'Date of Knowledge' affect my injury claim?

In a personal injury claim, the date of knowledge is the date that you became aware of your injury (or illness) and learned that your injury was caused by someone else's negligence.

In most cases the date of knowledge and date of injury will be one and the same - for example in a car accident.

It may be that there are delayed symptoms such as delayed whiplash or delayed concussion, but the date of knowledge will still be the date of the accident, because that is the date you reasonably should have known you may have been injured.

In some situations, you may not immediately be aware that you were being injured or made ill following an incident or exposure to a hazardous substance. Many work-related illness claims are traced back not to a single event, but to ongoing circumstances, such as working for months or years in an environment without suitable ventilation or ear-protection.

For industrial disease claims, such as claims for Noise Induced Hearing Loss (NIHL) or asbestos-related disease claims, the three-year limit starts from the date you became aware of the cause of you injury or illness and the possibility of your employer's negligence.

When does the date of knowledge start?

The date of knowledge is the date that the claimant knew, or should have known, that their injury was the result of another party's negligence.

Depending on the nature of the injury or illness, the date of knowledge could be:

• the date that symptoms began,
• the date that the claimant suspected that they had an injury or illness, or,
• the date that the claimant received a medical diagnosis

Determining the date of knowledge is not always clear cut, and can be complicated in cases where the claimant was initially diagnosed with a minor injury, only to discover some time later that their condition was more serious.

If you are considering making a claim and are unsure when your three-year limit started, an injury solicitor will be able to advise more fully and they will confirm whether they will need to arrange for an expert medical opinion.

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.