Time limits for personal injury claims
Any claim has a limitation period. This is a period in which the Claimant should ‘bring’ their claim to court. If you are considering making a personal injury claim, it’s important to be aware of the time limit for starting a claim so that you don’t miss your opportunity to get compensation for your pain, suffering or financial losses.
How long do I have to claim compensation for personal injury?
In England and Wales, most personal injury claims must be brought within three years. But that three-year clock doesn’t always start when you might expect, and some exceptions could give you more or less time.
This guide explains the key time limits for personal injury claims, the circumstances that change them, and why you should take legal advice sooner rather than later.
What types of personal injury claims does the three-year time limit apply to?
Under the Limitation Act 1980, most personal injury claims must be issued at court within three years. This applies to most ‘everyday’ accidents, including:
The three-year limitation period for personal injury claims typically starts from the date of the accident or injury (the ‘date of knowledge’). To prevent the claim from expiring, any documentation and fees must be filed at court by a set date.
This is why it’s important to contact a specialist personal injury solicitor as soon as you start to consider making an injury claim. They can ensure the claim is kept on track and that deadlines are met to seek compensation.
What is the ‘date of knowledge’ rule?
Not all injuries are immediately obvious. Some conditions, particularly those caused by long-term exposure to substances such as asbestos or repetitive strain, take time to develop or be diagnosed. In these cases, the law recognises that you cannot reasonably claim within three years of an accident you didn’t know had harmed you.
The ‘date of knowledge’ rule means that the three-year ‘clock’ can start from the date you knew (or reasonably should have known) that:
- You had suffered a significant injury
- The injury was caused (at least in part) by someone else’s act or negligence
- The person responsible was identifiable
This ‘date of knowledge’ rule most commonly applies in personal injury cases involving:
- Industrial disease and occupational illness, such as hearing loss, vibration white finger, asbestosis, or repetitive strain injury (RSI).
- The date of knowledge may be the date of diagnosis rather than the date of exposure.
- Delayed onset injuries, where symptoms only become apparent months or years after an accident.
The date of knowledge question can be complex, which is why early legal advice is essential.
Why having three years is not a reason to delay making a claim
Many people presume that having three years means they can take their time in starting a personal injury claim. This shouldn’t be the case. The earlier you take advice, the stronger your claim is likely to be. This is because:
- Evidence is fresher: memory fades, digital footage is deleted, and witness reports can be harder to obtain as time passes
- Historical medical records can be tricky to gather
- Your solicitor will have more time to investigate your claim properly and gather the evidence they need to put forward
- Some time limits are shorter than you think, e.g. CICA claims and Montreal Convention claims
Exceptions to the three-year limitation period for personal injury claims
There are some circumstances in which the three-year time period does not apply. These include:
- Claims involving children
- Claims involving those who lack mental capacity
- Criminal injuries compensation (CICA claims)
- Injuries on ships
- Air accidents
- Fatal claims
Claims involving children
If the injured person was under 18 at the time the injury was sustained, the three-year limit runs from the day they reach 18 years old, so until their 21st birthday.
Claims involving those who lack capacity
If the injured person lacks the mental capacity to understand what has happened or to bring a claim, the three-year time limit will not start until they regain capacity. If they do not regain mental capacity, the claim can potentially be brought at any time by their representative.
It’s important, however, for the representative to seek advice from a personal injury solicitor as soon as possible, whilst the memory and evidence are fresh in their mind.
If the injured person loses capacity after they were injured, the three-year time limit still applies.
Claims involving criminal assault
If the Claimant is injured because of an assault, they may be able to submit a claim to the Criminal Injuries Compensation Authority (CICA). The time limit for this is within two years of the incident.
To be eligible to make a CICA claim, the crime must be reported to the Police, and you must meet CICA’s requirements and eligibility criteria.
Claims involving an injury sustained on a ship
If an accident occurs on a cruise ship operating in international waters, it is covered by the Athens Convention, which has priority over UK law.
You can claim through English or Welsh courts; however, it must be under the terms of this Convention. The time limit for bringing a claim for personal injury compensation under the Athens Convention is two years.
If the accident occurs on a passenger ship or boat in or around the British Isles, normal UK law applies.
Air accident claims
If you’ve been injured in an accident on board an aircraft or while embarking or disembarking, you can claim compensation from the airline.
Under the Montreal Convention, an airline is liable to compensate an injured passenger up to £100,000. The Convention is a treaty that establishes rules for airlines to follow on international flights between members. It includes the European Union and 132 member states of the International Civil Aviation Organization.
Aviation law is complex. It’s therefore essential to seek advice from a personal injury lawyer as soon as you start considering making a claim.
Time limits for making a claim after an air accident vary. Under the Montreal Convention, you must bring a claim within two years of the date of the accident.
Claims where the injured person has died
Where death arises as a direct consequence of the accident, the three-year time limit begins from the date of death, or the date that the death was linked to the accident. Whoever manages the deceased’s estate can bring a claim on the injured party’s behalf.
I want to make a personal injury claim. Where do I start?
If you’ve been the victim of an accident or negligence that wasn’t your fault, our personal injury solicitors can help.
We offer a no obligation ‘no win, no fee’ consultation with a member of our specialist Personal Injury team. This enables us to talk about your options and how best to fund your claim.
To speak to our personal injury lawyers about starting a claim, call 0117 325 2929 or fill out our online enquiry form.
