Personal Injury Time Limits — How Long Do I Have to Claim?

Content updated: 2026-09-12 · EA Personal Injury Solicitors

In most personal injury cases in England and Wales you have three years to start a claim, usually from the accident or, for illness and disease, from your date of knowledge of the injury and its cause. Contacting a solicitor alone does not stop the clock. Exceptions apply to children, people lacking mental capacity and separate compensation schemes.

TL;DR — Quick Summary

Key Points

Standard time limit: 3 years from the accident or date of knowledge.
Industrial disease: 3 years from the date of knowledge, not the date of exposure.
Children: 3 years from their 18th birthday (until their 21st birthday).
Fatal accidents: 3 years from date of death or date of knowledge.
Separate compensation schemes and other legal claims may have different deadlines.
Seek advice immediately if time may be running out.

The Standard Three-Year Time Limit

Under the Limitation Act 1980, most personal injury claims in England and Wales must be brought within three years. This three-year period runs from whichever is the later of:

The date of the accident or incident that caused the injury; or
The date of knowledge — the date when the claimant first knew (or ought reasonably to have known) the relevant facts about a significant injury, its link to an act or omission, and the identity of the defendant. You do not need to know that the conduct amounts to negligence in law.

In straightforward cases where you are injured in an accident and immediately aware of the cause, the limitation period simply runs from the date of the accident. In disease and illness cases, the date of knowledge is often much later than the date of exposure.

Industrial Disease: The Date of Knowledge

For industrial diseases and occupational illnesses, the limitation period runs from the date of knowledge, not the date of exposure. This is particularly important for conditions such as:

Noise-induced hearing loss: Many people suffer gradual hearing loss over years of noisy employment. The three years typically run from when they first became aware (or ought to have been aware) that their hearing loss was caused by noise at work — a solicitor must assess whether the relevant knowledge arose earlier than a specialist appointment.
Asbestosis and mesothelioma: Asbestos-related diseases can take decades to manifest after exposure. Diagnosis may be relevant, but earlier symptoms or advice may also matter when assessing the date of knowledge.
HAVS / vibration white finger: Symptoms develop over years of exposure. The limitation period usually runs from when the condition is first linked to occupational vibration exposure.
Occupational asthma and dermatitis: Similar principles apply — the clock runs from when the connection to work is known or ought reasonably to have been known.

This means you may be able to bring a claim for industrial disease many years — even decades — after leaving the employment that caused the condition, provided you are within three years of the relevant date of knowledge.

Children and Young People

A child under 18 cannot bring a personal injury claim in their own name. However:

A litigation friend (usually a parent or guardian) can bring a claim on behalf of a child at any time before the child turns 18.
If no claim is brought before the child's 18th birthday, the three-year limitation period begins to run on that birthday — giving the young person until their 21st birthday to bring a claim.

It is generally advisable to bring claims for children as soon as possible rather than waiting until they turn 18, as evidence can become harder to gather over time.

People Lacking Mental Capacity

Under section 28, an extension may apply if a person lacked capacity to conduct the claim when the right of action arose. Later loss of capacity does not automatically stop a clock already running. Ask a solicitor to check the dates and circumstances.

Fatal Accident Claims

Where a personal injury claim arises from a death, the time limit is three years from:

The date of death; or
The date of knowledge of the dependant (the date the family first had the information needed to bring the claim) — whichever is later.

In some cases, if the deceased had not yet issued proceedings before death, a new claim can be brought on behalf of the estate and dependants from the date of death.

Other Claims and Compensation Schemes

A CICA application is a separate criminal injuries compensation scheme, not a negligence claim against a public authority. Adults usually need to apply within two years of the incident, with different rules for children and possible exceptions. See the official CICA guidance. Do not apply the standard personal injury deadline to every claim or scheme.

Clinical Negligence and Medical Negligence

Medical and clinical negligence claims are subject to the same three-year limitation rule, running from the date of the negligent act or the date of knowledge — whichever is later. The same provisions for children and those lacking capacity apply.

What Happens If You Miss the Deadline?

If the limitation period has expired, the defendant can apply to have your claim struck out (dismissed). In most cases this is a complete bar to your claim.

However, the court has a discretion under section 33 of the Limitation Act 1980 to allow a claim to proceed even if the limitation period has expired in personal injury and death cases. The court considers factors including:

The length of the delay and the reasons for it.
The effect of the delay on the evidence available.
Whether the defendant would be prejudiced by the delay.
The conduct of the defendant after the accident.
The claimant's disability or vulnerability.

This discretion is not automatic and should not be relied upon. If you think time may be running out, seek advice immediately.

Does Contacting a Solicitor Stop the Clock?

No. Sending an enquiry, making a complaint or negotiating with an insurer does not itself protect a court deadline. If the claim has not settled, the required court steps must be taken in time. The rules distinguish issue of a claim form from the date it reaches the court for limitation purposes; your solicitor should confirm the deadline and the steps needed for your case.

Have the accident date, first symptoms, diagnosis dates and relevant correspondence ready. Our evidence guide explains useful records. If time is close, call rather than waiting to collect everything.

Sources and Further Reading

Act as Soon as Possible

Even if you are well within the limitation period, it is always better to seek advice and gather evidence as soon as possible. Witnesses' memories fade, records may be lost or destroyed, and the quality of the evidence available generally diminishes over time.

Frequently Asked Questions

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

In most cases, you have three years from the date of the accident, or three years from the date you knew (or ought reasonably to have known) the relevant facts about your significant injury and its cause. You do not need to know that the conduct was legally negligent.

When does the three-year clock start for industrial disease?

For industrial diseases such as noise-induced hearing loss, HAVS and asbestosis, the three years run from the "date of knowledge" — usually when you first became aware (or should reasonably have become aware) that your condition was caused by your work. This can be years or even decades after you were exposed.

What is the time limit for children?

Children under 18 cannot bring a claim themselves. Once they turn 18, they have three years to bring a claim — giving them until their 21st birthday. A litigation friend (usually a parent) can bring a claim on behalf of a child before they turn 18.

What is the time limit for fatal accident claims?

Fatal accident claims must usually be brought within three years of the date of death, or three years from the date the family first became aware that the death was caused by negligence — whichever is later.

What if I missed the time limit?

If you believe you have missed the limitation period, you should still seek legal advice as soon as possible. In some circumstances the court has discretion to allow a claim to proceed outside the limitation period, but this is not guaranteed. Acting quickly gives you the best chance.

Is the time limit different for medical negligence?

The time limit for medical negligence is also three years, running from the date of the negligence or the date of knowledge — whichever is later. The same rules apply for children and people lacking mental capacity.

Published by EA Personal Injury Solicitors

Edward and Amaury Limited · SRA No. 800525

Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.