Patient compensation - Insa lawyers

When you have a claim for compensation – whether following a personal injury, breach of contract or financial loss – it is important to act within certain time limits. If you wait too long, your claim may be time-barred and you will lose the right to have it fulfilled.

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What is obsolescence?

Statute of limitations means that a claim can no longer be asserted if it is not reported within certain deadlines. For compensation claims, this applies to both:

• In the event of a breach of contract (e.g. inadequate craftsmanship)
• In the event of damage outside the contract (e.g. personal injury or financial loss)

A claim may be time-barred either because too much time has passed from the time the claim could have been met until you actually demand payment, or because you cannot invoke any additional deadlines.

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Why do compensation claims become time-barred?

Statutes of limitations serve an important function in the legal system. They are designed to:

• Protect the responsible party from very old and unresolved claims
• Ensure that disputes are resolved while evidence and documentation are still available
• Create predictability for both the injured party and the person who may have to pay

In short: the older a claim is, the more difficult it is to prove what actually happened. That's why there are absolute deadlines.

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When does the statute of limitations start?

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Main rule - 3 years

The general limitation period is 3 years . This follows from Section 2 of the Limitation Act. When the period begins to run depends on the type of claim in question.

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Claims for damages in the event of breach of contract

In the event of a breach of contract, the limitation period runs from the time the breach occurred – normally upon takeover or delivery , not from when you discover the fault.

• Main rule**: 3 years** from the breach (purchase/delivery/takeover)
• Exception: Possible extension of 1 year, calculated from when you discovered or should have discovered the error.

Example: You have plumbing work done in 2018, but discover in February 2023 that a mistake has been made. The limitation period still ran from 2018, and when the mistake was discovered, more than three years have passed and the limitation period has therefore expired. If you could not have discovered this earlier, you have the opportunity to get an additional period of one year – until February 2024 – to file a claim, even though more than three years have passed since the work was performed.

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Claims for damages outside of contract

If you claim compensation from a party with whom you are not in a contractual relationship, the time limit runs from the date you received or should have received the necessary knowledge of both the damage and the person responsible.

• Rule of thumb: 3 years from actual knowledge
• Exception: Absolute maximum period of 20 years from the time of damage

Example: You injure yourself after falling on ice outside a store in 2022, but the doctor only proves permanent damage in 2024. The statute of limitations starts in 2024.

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How can you stop obsolescence?

Prescription can be interrupted in the following two main ways:

1. Acknowledgement – ​​the responsible party acknowledges the claim, e.g. by making a partial payment
2. Legal action – you send a settlement complaint, summons or complaint to a body with authority
3. Agreement – ​​the person responsible approves that the limitation period is extended through agreement

When the statute of limitations is interrupted, the original statute of limitations is interrupted and reset . This means that a new statute of limitations – usually three years – begins from the time the interruption occurred.

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How to secure your rights

• Keep track of the dates – Note when the damage occurred and when you discovered it.
• Document everything – Collect receipts, emails, agreements, and other relevant communications.
• Seek help early – Talk to a lawyer if you are unsure about which deadlines apply.

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Do you need legal assistance?

The statute of limitations can be challenging to navigate, especially when there is uncertainty about when the statute of limitations starts or whether it has been interrupted. If you are in doubt about whether your claim can still be enforced, it may be a good idea to get a legal opinion.

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At Insa lawyers, you will receive assistance from an experienced lawyer in tort law who knows the regulations and what is needed to secure your rights.

An accident can turn your life upside down in seconds. When a personal injury occurs – whether on your way to work, in traffic, during medical treatment or in your free time – it can give you the right to financial compensation. But how does personal injury compensation actually work, and why should you consider contacting a specialist lawyer?

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In this guide, you will get an overview of your rights, what types of damage give rise to compensation, how the amount is calculated – and not least why legal help can make a big difference.

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What is personal injury compensation?

Personal injury compensation is a financial compensation you may be entitled to if you have been physically or mentally injured as a result of an incident for which someone else is responsible. The compensation is intended to ensure that you are not left alone with the costs and losses that the injury entails – and should, in theory, put you in the same financial situation as before the incident.

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What damages give rise to the right to compensation?

There are several types of situations that can provide grounds for personal injury compensation. The most common are:

• Traffic accidents – as a pedestrian, cyclist, passenger or car driver.
• Occupational injuries – if you are injured during working hours or in the workplace.
• Patient injuries – for example, due to malpractice or inadequate healthcare.
• Violence and assault – where you are entitled to redress or victim compensation.
• Accidents during leisure time – where others can be held responsible, for example due to lack of supervision.

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This must be in place to receive compensation.

In order for you to receive personal injury compensation, four basic requirements must be met:

1. Someone must be responsible – there must be a responsible party, either an individual, employer or insurance company.
2. There must be an injury - both physical and psychological injuries are covered.
3. You must have suffered a loss – for example, loss of income or expenses for treatment.
4. There must be a causal connection – between the incident and the loss you have suffered. That is, you must be able to prove that the damage was caused by the incident in question.

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How is the compensation calculated?

Calculating personal injury compensation is rarely simple. Compensation is often divided into the following categories:

• Lost income – both what you have lost so far and what you will lose in the future.
• Expenses you would not have had without the injury – such as medical treatment, travel, aids and accommodations.
• Disability compensation – if the injury causes you to have a permanent medical disability.
• Compensation for damages – in the event of gross violations, for example intentional violence, deprivation of liberty, abuse in close relationships or rape.

Each case is assessed individually, and the amount you receive depends on the extent of the damage, how much you lose financially, and what consequences the damage has on your life.

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What can a lawyer help you with?

The legal system can be challenging to understand, and many injured parties face large insurance companies alone. This is where a lawyer with experience in personal injury compensation can be of invaluable assistance. A specialized lawyer can:

• Consider whether you have a legitimate claim.
• Collect and structure necessary documentation.
• Ensure correct calculation of compensation.
• Negotiate on your behalf with insurance companies.
• Handle complaints or take the case to court if necessary.
• Relieve yourself.

Many people are offered lower compensation than they are actually entitled to. With legal assistance, the likelihood of a correct and fair settlement increases.

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Do you need legal assistance?

Applying for compensation can be demanding, especially in complex cases or if you have been denied and are considering appealing.

At Insa advokater you can get assistance from an experienced tort lawyer who knows the system and how to protect your rights. We help you with everything from assessing the case and collecting documentation, to submitting the application and handling complaints if necessary.

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An occupational injury can have significant consequences for both health and finances. It is therefore important to understand what rights and possibilities you have for compensation if you are exposed to such damage.

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What is an occupational injury?

An occupational injury is a personal injury, illness or death that occurs as a result of an accident at work or harmful effects as a result of the working environment. For an injury to be classified as an occupational injury, it must have occurred during work at the workplace during working hours. Typical examples include falls, crushing injuries, and exposure to harmful substances that lead to illness.

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What is occupational injury compensation?

Occupational injury compensation is compensation you may be entitled to if you have suffered an occupational injury. The purpose of the compensation is to cover financial losses and any non-financial consequences as a result of the damage. This may include coverage of treatment expenses, lost income, and compensation for permanent medical disability.

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Employer's duties

In Norway, all employers are required by law to take out occupational injury insurance for their employees. This insurance should ensure that employees receive the compensation they are entitled to if they are exposed to an occupational injury. It is important to note that the self-employed and freelancers are not automatically covered by this scheme, but they have the option of taking out voluntary occupational injury insurance, which is recommended.

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What should you do in the event of an occupational injury?

1. Report the injury: Inform your employer immediately about the injury. The employer is responsible for reporting the damage to NAV and the insurance company.
2. See a doctor: Seek medical help and ensure that all injuries and symptoms are documented. This is important to establish a connection between the accident and the damage.
3. Documentation: Collect all relevant documentation, including medical records, injury reports and any witness statements.
4. Seek advice: You may want to contact a solicitor with experience in professional injury compensation for guidance through the process.

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Compensation items in case of occupational injury

In the event of an approved occupational injury, you may be entitled to several types of compensation:

• Incurred and future expenses: Coverage of necessary expenses for treatment, medication and any aids.
• Lost income: Compensation for loss of income as a result of the injury, both during the period you are on sick leave and for future loss if the injury results in reduced ability to work.
• Compensation: Compensation for permanent medical disability as a result of the injury.
• Compensation: In cases where the employer has shown gross negligence, compensation may be applicable.

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Limitation periods

It is important to be aware that there are deadlines for reporting claims for occupational injury compensation. In general, the damage must be reported to NAV within one year after the damage occurred. For claims against the insurance company, a limitation period of three years applies from the time you became aware of, or should have become aware of, the circumstances that justify the claim.

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Coverage of legal expenses

In many cases, reasonable and necessary legal expenses will be covered by the insurance company as part of the compensation settlement. It may therefore be a good idea to seek legal assistance to ensure that you receive the compensation you are entitled to.

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Being exposed to an occupational injury can be a stressful experience. It is therefore important to know your rights and what steps you should take to ensure that you receive the compensation you are entitled to. By following the advice above and seeking the necessary help, you are better equipped to handle the situation and look after your interests.

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Insa lawyers help clients all over the country. We can assist with complaints about refusals from NAV or insurance companies, provide advice on compensation claims and proceedings, as well as represent you in court.