Bermuda civil and statutory proceedings
When does a surviving Bermuda injury claim expire?
Ordinarily three years, where the injured person died before section 12(4) expired. Establish and commence the correctly classified action within its applicable statutory period. The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge.
- Period
- Ordinarily three years, where the injured person died before section 12(4) expired
- Trigger
- Later of death and the relevant estate representative’s knowledge
- Rule
- Limitation Act 1984 (1984:54), section 12(5)
Limitation Act 1984 (1984:54), section 12(5). Official consolidated body retrieved October 10, 2026. Bermuda Laws Online states laws amended through August 11, 2026.
Source guide · No automated date
Check the applicable procedure
The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge. Establish later of death and the relevant estate representative’s knowledge and the actual completion required to establish and commence the correctly classified action within its applicable statutory period.
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When does a surviving Bermuda injury claim expire?
Ordinarily three years, where the injured person died before section 12(4) expired. Establish and commence the correctly classified action within its applicable statutory period. The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge.
Responsible actor. Estate representative pursuing a qualifying surviving cause of action.
Later of death and the relevant estate representative’s knowledge.
The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge.
The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge.
Limitation Act 1984 (1984:54), section 12(5)How does this provision count time?
- Establish later of death and the relevant estate representative’s knowledge.
- Establish and commence the correctly classified action within its applicable statutory period.
- Compare death with the earliest legally relevant representative knowledge. Appointment of a new representative does not automatically restart time.
- Death-before-expiry and the earliest representative knowledge remain separate questions when the proposed action day is closed. Do not restart time at appointment.
Compare death with the earliest legally relevant representative knowledge. Appointment of a new representative does not automatically restart time.
Death-before-expiry and the earliest representative knowledge remain separate questions when the proposed action day is closed. Do not restart time at appointment.
Limitation Act 1984 (1984:54), section 12(5)Which facts prevent one automatic date?
The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge. Establish later of death and the relevant estate representative’s knowledge and the actual completion required to establish and commence the correctly classified action within its applicable statutory period.
Estate representative pursuing a qualifying surviving cause of action establishes later of death and the relevant estate representative’s knowledge. Compare death with the earliest legally relevant representative knowledge. Appointment of a new representative does not automatically restart time. Ordinarily three years, where the injured person died before section 12(4) expired. Establish and commence the correctly classified action within its applicable statutory period. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to establish and commence the correctly classified action within its applicable statutory period. Death-before-expiry and the earliest representative knowledge remain separate questions when the proposed action day is closed. Do not restart time at appointment. Establish the applicable computation and completion rule. No assumed carried date is supplied.
A later-appointed representative learns the facts after an earlier representative already knew them. The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge. Resolve the changed source branch and required act. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge.
- Count and complete the actual act
- Compare death with the earliest legally relevant representative knowledge. Appointment of a new representative does not automatically restart time. Death-before-expiry and the earliest representative knowledge remain separate questions when the proposed action day is closed. Do not restart time at appointment.
- Actor and required completion
- Estate representative pursuing a qualifying surviving cause of action. Establish and commence the correctly classified action within its applicable statutory period.
- The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge.
- Estate representative pursuing a qualifying surviving cause of action. Later of death and the relevant estate representative’s knowledge. Establish and commence the correctly classified action within its applicable statutory period. The death-before-expiry condition must be established. With multiple representatives, section 12(7) uses the earliest knowledge date; section 12(6) includes former representatives and specified prior knowledge.
What must the responsible actor complete?
Questions about this procedure
When does a surviving Bermuda injury claim expire?
Does every death create three fresh years?
No. Section 12(5) requires death before the injured person’s existing period expired.
Limitation Act 1984 (1984:54), section 12(5)What events are compared?
Death and the estate representative’s knowledge.
Limitation Act 1984 (1984:54), section 12(5)Which representative matters if several have different knowledge dates?
Section 12(7) selects the earliest date.
Limitation Act 1984 (1984:54), section 12(5)Can a former representative’s knowledge count?
Yes. Section 12(6) includes a person who is or has been a representative.
Limitation Act 1984 (1984:54), section 12(5)Must an executor have proved the will?
The definition includes an executor who has not proved, whether or not probate was renounced.
Limitation Act 1984 (1984:54), section 12(5)Does appointment itself start the period?
No. The stated comparison uses death and relevant knowledge, not appointment alone.
Limitation Act 1984 (1984:54), section 12(5)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Limitation Act 1984 (1984:54), section 12(5) | Check the identified procedure, event, counting rule or qualification |
| Sections 2, 3 and 29–34; applicable exclusions and special provisions | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act 1951, applicable interpretation and time provisions | Check the identified procedure, event, counting rule or qualification |