Time Limits & Limitation Periods — 10 Frequently Asked Questions
You generally have three years from the date of your accident or injury — or from your 'date of knowledge' if later — to bring a personal injury claim in England and Wales, under the Limitation Act 1980. Different rules apply to children, people who lack mental capacity, and fatal accident claims.
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What is the time limit to make a personal injury claim?
Generally three years from the date of the accident or injury, or from your "date of knowledge" if later, under the Limitation Act 1980. Miss it, and your claim will usually be barred entirely.
Can I claim after 3 years?
Only in limited circumstances — courts have discretion under section 33 of the Limitation Act 1980 to allow a late claim, but this isn't guaranteed and depends on factors like the reason for the delay and whether a fair trial is still possible.
What are the rules for children's claims?
The three-year clock doesn't start running until a child turns 18, meaning they generally have until their 21st birthday to bring a claim themselves — though a parent or guardian ("litigation friend") can start a claim on their behalf earlier.
Does the time limit differ for medical negligence claims?
The same three-year rule applies, but the "date of knowledge" often matters more here, since it can take time to realise a poor outcome was actually caused by substandard care rather than an unavoidable risk.
What is the "date of knowledge" rule?
It's the date you first knew, or reasonably should have known, that your injury was significant and linked to someone's fault — this can be later than the incident itself, effectively extending your three years from that point.
Can the time limit ever be extended?
Yes, but only at the court's discretion under section 33 of the Limitation Act 1980, weighing factors like the length and reasons for the delay, and whether evidence has been lost — it's not a right, and claims are still often refused.
Is the time limit different for claims against the Motor Insurers' Bureau?
Broadly similar limitation principles apply, though MIB claims (for uninsured or untraced drivers) involve their own notification requirements and time limits within the claims process itself, so early advice is particularly important.
What about claims involving someone who lacks mental capacity?
The three-year time limit doesn't start running while someone lacks the mental capacity to manage their own claim, which can mean no limitation deadline applies at all until capacity is regained, if ever.
Is there a time limit for fatal accident claims?
Generally three years from the date of death (or the date of knowledge of the cause of death, if later), which can differ from the time limit that would have applied to the deceased's own claim had they survived.
What happens if I miss the time limit?
Your claim is very likely to be struck out as time-barred, meaning you lose the right to pursue it at all — this is why getting advice as early as possible, even if you're unsure whether to claim, matters so much.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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