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 Scotland, under the Prescription and Limitation (Scotland) Act 1973. Different rules apply to children (whose clock generally starts at age 16), people who lack capacity, and fatal accident claims.
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What is the time limit to make a personal injury claim in Scotland?
Generally three years from the date of the accident or injury, or from your "date of knowledge" if later, under section 17 of the Prescription and Limitation (Scotland) Act 1973. 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 19A of the 1973 Act to allow a late claim, but this isn't guaranteed and depends on factors like the reason for the delay and whether a fair hearing is still possible.
What are the rules for children's claims?
In Scotland, someone under legal disability doesn't have the three-year clock running against them, and this generally starts once they reach 16, the general age of legal capacity under the Age of Legal Capacity (Scotland) Act 1991 — meaning they typically have until around their 19th birthday to claim themselves.
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 19A of the 1973 Act, 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 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), under the same 1973 Act framework.
What happens if I miss the time limit?
Your claim is very likely to be 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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