Personal Injury Claim Deadlines — What Must Happen Before Time Runs Out
Content updated: · EA Personal Injury Solicitors
In England and Wales you normally have three years to start a personal injury claim, from the accident or your date of knowledge of the injury and its cause. Missing the deadline can prevent a claim, so seek advice promptly, even if you think you are late. Different rules apply to children, industrial disease, mental incapacity and criminal injury.
TL;DR — Quick Summary
Key Points
- Standard limit: 3 years from the accident date or date of knowledge
- Industrial disease: 3 years from date of knowledge — not date of exposure
- Children: time runs from their 18th birthday — claim by age 21
- Capacity rules depend on when the claim arose — get the deadline checked
- CICA (criminal injuries): 2 years — a shorter deadline than civil claims
- Always seek advice as soon as possible — evidence degrades over time
The Limitation Act 1980
Time limits for personal injury claims in England and Wales are set by the Limitation Act 1980. The primary rule (under section 11) is that a claim must be brought within three years of the later of:
- The date on which the cause of action accrued (usually the date of the accident); or
- The date of knowledge — the date the claimant first had knowledge of the injury, its significance, and its attribution to the defendant's act or omission.
If a claim is not issued in court within the limitation period, the defendant can apply to have it struck out as time-barred. Courts have a discretion to allow late claims (under section 33 of the Act), but the decision depends on the circumstances and should never be assumed.
Time Limits by Claim Type
| Claim Type | Time Limit |
|---|---|
| Standard personal injury | Usually 3 years from accident or later date of knowledge |
| Industrial disease | 3 years from date of knowledge |
| Child (under 18 at time) | 3 years from 18th birthday (i.e. by age 21) |
| Lack of capacity when the claim arose | An extension may apply — seek individual advice |
| Fatal accident | 3 years from date of death or date of dependant's knowledge |
| Criminal injuries (CICA) | Usually 2 years for adults; separate scheme rules apply |
| Some public body claims | May be shorter — take advice promptly |
The Date of Knowledge — Industrial Disease
For industrial disease claims (such as noise-induced hearing loss, mesothelioma, or HAVS), exposure often occurred years or decades before symptoms appeared. The limitation period does not run from the date of exposure — it runs from the date of knowledge.
The date of knowledge is the date you first knew (or could reasonably have found out):
- That the injury was significant (more than trivial)
- That it was attributable to an act or omission of the defendant
- The identity of the defendant, such as the employer
In hearing loss claims, for example, the date of knowledge is often when a claimant is told by a doctor or audiologist that their hearing loss is consistent with industrial noise exposure. A solicitor can advise on how to establish and evidence this date.
Claims Involving Children
Where the injured person was under 18 at the date of the accident, the three-year clock does not start until their 18th birthday. This means a child has until their 21st birthday to bring a claim in their own right. A parent or litigation friend can bring the claim on their behalf before then.
Mental Incapacity
The rules depend on capacity when the right of action arose. A later loss of capacity does not automatically pause an existing deadline. Read the full time-limit guide and its statutory sources, and seek advice on the individual circumstances.
What Must Happen Before the Deadline?
An enquiry or letter to an insurer does not itself stop time running. If the case has not settled, your solicitor needs to take the necessary court steps in time. Ask for your limitation date and the next steps to be confirmed; do not wait until the anniversary of an accident to make first contact.
Why You Should Not Wait
Even if you are within the limitation period, waiting has practical disadvantages:
- Evidence disappears — CCTV footage is overwritten, witnesses move on, accident records are lost
- Medical records are harder to obtain from distant providers
- The defendant's insurer may challenge credibility if the claim is brought late
- Gathering evidence about past employment and exposure is more difficult as time passes
If you are concerned about whether you are within the limitation period, seek advice immediately. Contact EA Personal Injury Solicitors for a free initial enquiry.