How long do I have to make a personal injury claim?

This article explains the legal time limits, or 'limitation period', for claiming injury compensation after an accident, including the 'date of knowledge' and exceptions to these rules.

Calendar on phone showing injury limitation date

How long do I have to start a claim?

In the UK, you generally have 3 years from the date of the accident to start an injury claim. This time limit applies to most personal injury cases. However, if you were not immediately aware of the injury or its connection to the accident, the three-year 'limitation period' may start from the date you became aware of it, known as the 'date of knowledge'.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

What is the 'limitation period'?

A limitation period is a set timeframe within which legal action must be initiated. Once this period expires, a claim is typically barred and cannot be pursued in a court of law.

According to Section 11 of the Limitation Act 1980 (LA 1980), the personal injury limitation period is 3 years from the date of the injury or date of knowledge, whichever comes later.

The 'limitation date' refers to the final day of the limitation period, after which legal action will no longer be possible (statute-barred).

If you were injured in an accident and you were immediately aware of your injuries, the limitation date will be 3 years from the date of the accident.

If your injury or illness was diagnosed at a later date, the limitation date will be 3 years from the date of knowledge.

Are there any exceptions to the 3-year rule?

Most injury claims must be started within the standard 3-year limitation period. There are exceptions, however:

Injury claims involving children

A parent, guardian, or litigation friend can make an injury claim on behalf of a child at any time up to the child's 18th birthday.

The claimant then has a further 3 years, up to their 21st birthday, to start a claim as an adult.

Fatal injuries or illnesses

Close family members may be able to make an injury claim on behalf of a person who has died as the result of another party's negligence.

Provided that the limitation period has not expired during the lifetime of the deceased person, the family has an additional 3 years from the date of death to start a claim. This applies even when the deceased person has already started an injury claim themselves.

If the cause of death is discovered at a later date, for example following a post-mortem, the 3-year period runs from this date of knowledge.

Claims in foreign countries

It may be possible to make a claim following an injury or illness that happened outside the UK. However. limitation periods vary between countries.

Package holidays

Specific legislation applies for injuries or illnesses occurring during a package holiday. The Package Travel, Package Holidays and Package Tour Regulations 1992 place obligations on tour operators to ensure that hotels and facilities are safe.

The regulations enable claimants to claim against their tour operator in a UK court, even if the accident happened abroad. This means that the standard 3-year limitation period is likely to apply.

Injury or illness on an aircraft

The time limit for airline-related injury claims can vary:

  • Domestic flights - For flights within the UK, the standard 3-year limit applies.
  • Package holiday flights - For flights abroad booked as part of a package holiday, the 3-year limit will usually apply.
  • Other international flights - If a passenger has booked an international flight directly through an airline, international law known as the 'Montreal Convention' usually applies. Injury claims made in accordance with this convention must be made within a 2-year time limit. A small number of countries have not signed the convention and other time limits may apply when flying to one of these countries.

Criminal injury compensation

Criminal injury claims are usually made through the Criminal Injuries Compensation Authority (CICA). The CICA requires claims to be started within 2 years of the assault or other criminal incident. However other criteria may also apply.

Limitation periods and the Mental Health Act 1983

If a claimant was receiving treatment under the Mental Health Act 1983 at the time of their injury, the 3-year limitation period would not start until the date the claimant was discharged as a patient or the date the conditions of their disability ended. The 3-year limit starts from the earlier of the two dates.

Acting as the claimant's litigation friend. it may also be possible for a family member or friend to make a claim on behalf of a claimant who is currently receiving treatment. In some cases, a claim may be made before the claimant has been discharged.

Injury or illness in the armed forces

Military personnel injured in the line of duty can make an armed forces injury claim through the Armed Forces Compensation Scheme (AFCS). Military personnel have 7 years from the date of their injury to file a claim through the AFCS.

An injury claim can also usually be made under civil law, which can result in more compensation being awarded, however, the standard 3-year limit would apply.

Court discretion

Depending on the circumstances, the courts have been known to extend the limitation period under Section 33 of the Limitation Act 1980, although such cases are rare. The courts are unlikely to use these powers unless there is an exceptional reason for the delay in starting a claim.

In summary, limitation periods for different types of personal injury claim are as follows:

Injury claim Time limit*
Personal injury claims 3 years from the date of the accident or date of knowledge
Injury claims on behalf of children Until the child's 18th birthday, then up to the claimant's 21st birthday
Fatal injury or illness claims 3 years from the date of death or the date the cause of death is known
Package holiday claims 3 years from the date of the accident or date of knowledge
Accidents and illness abroad Varies from country to country
International flight-related claims 2 years
Criminal Injuries Compensation Authority (CICA) claims 2 years from the date of the incident
Claims for people treated under the Mental Health Act 1983 3 years from the date of discharge or the end of the disability
Armed Forces Compensation Scheme (AFCS) claims 7 years

*The time limits quoted in this table will not apply in all circumstances. It is strongly recommended that you speak to a specialist solicitor about your circumstance to determine how much time you have to make a claim and to discuss your options.

Limitation periods in practice

The limitation date is the latest date that a claim can be filed with a court.

A significant amount of work (e.g. collating evidence and arranging a medical assessment) needs to be completed before court documents can be filed.

As a result, most solicitors don't want to take the risk of carrying out a lot of legal work only to miss the limitation date. For this reason, many personal injury solicitors won't take on a case more than 30 months after the date of injury.

Our panel solicitors can often accept claims that are nearing the end of the limitation period. We recommend that you contact us asap and we will advise you accordingly.

How did your injury happen?

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the MCYCLE to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your MCYCLE claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim MCYCLE compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your injury claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 2%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Chris Salmon, Director

Author:
Chris Salmon, Director