What Is The Personal Injury Claim Time Limit?

The personal injury claim time limit is typically 3 years, beginning from the date of the accident in line with the Limitation Act 1980. This is generally applied strictly, with only a few exceptions in which the limitation period is suspended or extended. You can find information on these exceptions in later sections.

If the time limit expires, you run the risk of being time-barred. This would mean it is unlikely that you can seek compensation, even if you otherwise have valid grounds to claim.

Our advisors can answer any additional questions you may have about the personal injury claim time limit.

Is There A Road Traffic Accident Claims Limitation Period?

Yes, there is a road traffic accident claims limitation period, usually set at 3 years by the Limitation Act 1980. This timeframe typically applies from the date of the accident unless an exception applies.

Please get in touch if you have been in a road traffic accident and want to know if you could pursue a personal injury claim.

What Is The Accident At Work Claim Time Limit?

The accident at work claim time limit is 3 years, generally taking effect from the date of the incident. As with other personal injury claims, this is governed by the Limitation Act 1980, and exceptions may apply.

Please use our contact methods to speak to us if you want to know about making a personal injury compensation claim with us.

How Long Are The Time Limits For Public Accident Claims?

The personal injury claim time limit for public accident claims is 3 years, beginning from the date of the incident, per the Limitation Act 1980. However, exceptions to this rule can apply, which we will detail shortly.

Please contact us if you would like to look into making a public accident claim.

Are There Any Exceptions To The Limitation Period?

Yes, there are several exceptions to the personal injury claim time limit that may suspend or extend the limitation period, including cases involving children and individuals with limited mental capacity. Find out more about exceptions to the limitation period in this section.

Children’s Personal Injury Claims Time Limit

No limitation period exists for claimants under 18, as minors cannot make a claim for themselves. Once a child turns 18, the usual 3-year time limit for a personal injury claim begins, ending on the claimant’s 21st birthday.

That said, claims can be brought during the time limit pause if a litigation friend is appointed to act on a child’s behalf. This role is typically filled by close relatives, such as parents or legal guardians, but solicitors and other eligible adults can also act for a claimant in this capacity.

What Is The Time Limit For Those With Mental Incapacity?

The time limit for those with mental incapacity is suspended, as individuals who cannot manage their own affairs are unable to pursue compensation independently. While there is a suspension, a litigation friend can step in to claim on behalf of someone else. Otherwise, the time limit will be kept on hold.

If no claim has already been made and capacity is regained, the time limit takes effect from the date of recovery. Capacity may be determined using the Mental Health Act 1983.

What Is The Fatal Accident Claims Time Limit?

The fatal accident claims time limit is 3 years, beginning either from the date of death or the point when it is realised that someone’s passing is linked to negligence (the ‘date of knowledge’). For instance, if a postmortem or inquest is held, the 3-year time limit would take effect from the date that a coroner established the cause of death.

Fatal accident claims follow a defined timeframe for when specific parties can begin pursuing compensation. In the initial 6 months after death, the deceased’s estate is the only party that can make a claim. During this window, they also have the option of claiming for eligible relatives. In the event that no such claim is made on their behalf by the end of the 6-month period, qualifying dependants can seek compensation for the impact of losing a loved one.

Do Criminal Injury Claims Have A Time Limit?

Yes, criminal injury claims have a 2-year time limit, beginning from when the incident occurred. This time limit is set by the government-funded Criminal Injuries Compensation Authority (CICA), an executive agency that compensates victims who have been injured in violent crimes in Great Britain. That said, the CICA does consider applications filed outside of the 2-year window.

Additionally, the time limit works differently if the victim was under 18 at the time of the violent crime. When it takes effect will depend on the date that the applicant reported the crime to the police:

If the crime was reported when it happened, the 2-year time limit begins on the date of the applicant’s 18th birthday.
If the police were not informed until the date of an applicant’s 18th birthday (or after), the time limit will apply from the date that the report was first made. Evidence would need to be supplied to the CICA to explain why the claim was being brought outside the 2-year window.

How Long Do I Have To Claim After An Accident On An Aircraft?

Generally, you have 3 years to claim after an accident on an aircraft for domestic flights, or 2 years for international routes. The time limit for accidents involving overseas flights is governed by the Montreal Convention 1999. This applies from either the date that:

A flight arrives at its expected destination.
A flight was scheduled to arrive.

Under the Montreal Convention, compensation can be sought for injuries sustained when boarding, disembarking, or in flight. Claimants can also be compensated for flight delays and any damage to or loss of baggage.

Do Accidents On Ships Or Vessels Claims Have A Limitation Period?

Yes, accidents on ships or vessels claims do have a limitation period, which varies depending on where the incident occurred. For incidents that occur in UK waters, the standard 3-year time limit typically applies.

However, the limitation period for accidents in international waters is 2 years, per the Athens Convention 1974. This treaty provides the framework for establishing liability on sea voyages, including trips across the English Channel. Under the Athens Conventions, the time limit applies from the date that you disembarked from the ship. It is strictly enforced, so it is recommended to begin the process of claiming as soon as possible.

You can take your first steps towards starting a maritime accident claim by contacting us today. We are here to help and answer any questions you might have about seeking compensation for your injuries.

What Happens If The Personal Injury Claim Time Limit Is Missed?

If the personal injury claim time limit is missed, you cannot begin a claim unless an exception applies. This situation is referred to as being ‘time-barred’, meaning that you may no longer be able to seek compensation for a claim. However, the courts do have the power to exercise their discretion and extend the time limit where exceptional circumstances can be demonstrated for missing the deadline.

If you’re unsure whether you have missed the time limit for a claim, don’t hesitate to speak to our personal injury team. We understand that uncertainty can lead to stress, so we are here to provide clarity and peace of mind when you need it most.

Is It Better To Start A Personal Injury Claim Early?

In simple terms, yes, it is always better to start a personal injury claim early to ensure that available evidence is as complete as possible and to avoid the risk of being time-barred. As time passes, your memory of the incident will likely fade, and you may forget important details. You also run the risk that witness contact details will become outdated or that potentially valuable evidence, such as CCTV footage, will be irretrievably lost.

Of course, the 3-year time limit also does not stop. Getting legal advice early on helps you stay on top of deadlines and can also assist your solicitor. They will have more time to build a strong case, and may have access to evidence and witnesses who might otherwise be unavailable if you had delayed claiming.

We always recommend getting advice as soon as you feel able. Our team at Advice is here to support you and provide you with the information you need and deserve. Contact us via phone, online form, or live chat to get started.

How Can Advice’s Solicitors Help with a Personal Injury Claim?

At Advice, our solicitors can help with a personal injury claim by delivering expert legal representation tailored to each and every case they take on. We keep our clients in control at all times with regular updates, providing the clarity they need and deserve as they navigate the claims process.

Why Claim With Advice?

You should claim with Advice because we place client care at the heart of our work and deliver a bespoke service built around your unique circumstances. In addition to our commitment to negotiating the best compensation settlement for your particular case, we will:

Ensure your claim is filed within the correct legal time limit.
Help explain all legal terms, including time limits, and break down the claims process using non-jargon language.
Arrange an independent medical assessment at your convenience to strengthen your claim.
Put you in contact with specialists to aid your rehabilitation and recovery.
Issue all legal documents and keep you up to date with transparent, regular communications.
Appoint a barrister to represent your claim in court in the unlikely event this is required. While the majority of cases settle out of court, we will support you through the process if a hearing is needed.

No Win No Fee Personal Injury Claims

An additional perk of claiming with our solicitors is that you can do so on a No Win No Fee basis using a Conditional Fee Agreement (CFA). Claiming under the terms of a CFA means:

You will not pay any advance service fees before your claim starts.
You will not be charged service fees for the duration of the legal process.
You will not pay your solicitor any service fees in the event the claim is unsuccessful.

Our solicitors do take a success fee when they secure compensation for clients. However, this fee is small because it is deducted from the compensation you receive at a legally capped percentage. That means the largest share would go straight to you.

Contact Advice To Begin

You can contact us via phone, live chat, or our online form.

Call on 0161 509 2856
Use the live chat box
Put your details into our online form to receive a callback

Learn More

Find out more about what we cover at Advice here.

Read our serious injury claims guide.
Get more information on how to claim.
See our advice on claiming on behalf of someone else.

Browse the external links below for further information about time limits and personal injury claims.

Check this government overview on how to request CCTV footage.
Find out how to access your medical records via the NHS.
Read about accident books and when they are needed via the Health and Safety Executive (HSE).

If you have any questions about the personal injury claim time limit or would like to use our free consultation service, please contact us as soon as possible.

Meet the Team

Gemma Shields

Chartered Legal Executive | Road Traffic Accident Claims Specialist

Gemma Shields is a CILEx qualified legal professional with over a decade of experience in road traffic accident claims, including pedestrian, cyclist and motorcyclist cases. She provides clear, compassionate legal support to clients across England and Wales.

Personal Injury Claim Time Limit – How Long Do I Have To Claim?

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