If you have been injured because of someone else’s negligence, you may be thinking about making a personal injury claim. One of the most important things you need to understand is how long you have to take legal action. Many valid claims fail simply because they are started too late.
This guide explains personal injury time limits in simple English, so you clearly understand how long you have, when the clock starts, and what exceptions apply. Knowing this early can protect your right to claim compensation.
What Is a Limitation Period?
A limitation period is the legal time limit for starting a claim in court. For personal injury cases in England and Wales, this is mainly governed by the Limitation Act 1980.
If you miss the deadline, the court can refuse to hear your case – even if your claim is strong and your injuries are serious.
That is why acting early is so important.
The Standard Time Limit: Three Years
How long do you usually have?
In most personal injury cases, you have three years to start court proceedings.
This does not mean three years to finish your case. It means three years to issue the claim at court.
When does the three-year period start?
The three-year time limit starts from whichever is later:
- The date of the accident, or
- The date of knowledge
What Is the “Date of Knowledge”?
The date of knowledge is when you first knew, or reasonably should have known:
- That you were injured
- That the injury was serious enough to matter
- That the injury was caused by someone else’s negligence
This is especially important if your injury was not obvious straight away.
Example: Industrial or delayed injuries
If you were exposed to harmful substances at work years ago but only developed symptoms much later, your three-year period may start when you became aware of the illness, not when the exposure happened.
This protects people whose injuries develop over time.
Claims for Children: Extra Protection
If the injured person is under 18, the standard time limit does not apply in the same way.
How does it work for children?
- The three-year time limit does not start until the child turns 18
- This means the child has until their 21st birthday to make a claim
Can a claim be made sooner?
Yes. A parent or guardian can bring a claim earlier by acting as a litigation friend. This is often done if the injury needs early investigation or treatment support.
Adults Who Lack Mental Capacity
Special rules apply if the injured person lacks mental capacity to manage their own legal affairs.
What happens to the time limit?
- The three-year limitation period is paused
- Time only starts running if capacity is later regained
- If capacity is never regained, the normal time limit may never apply
These cases often involve serious brain injuries or long-term conditions.
Fatal Accident Claims
If an accident results in death, the time limits change slightly.
When does the three-year period start?
For most fatal accident claims, the three years run from:
- The date of death, not the date of injury
Who can bring a claim?
There may be more than one claim, including:
- A claim on behalf of the deceased’s estate
- Claims by dependants for loss of financial support
Each claim follows similar time limit rules.
Criminal Injury Claims: Only Two Years
If your injury was caused by a violent crime, your claim may fall under the Criminal Injuries Compensation Authority (CICA) scheme.
Important differences to note
- The time limit is usually two years, not three
- The crime must be reported to the police as soon as possible
- Delays in reporting can affect your claim
Because these claims follow specific rules, early advice is essential.
Accidents on Aircraft and Boats: Two-Year Limit
If you were injured while travelling:
- On an aircraft, or
- On a boat or ship
Your claim may be governed by international conventions, rather than standard UK law.
Key point
- The limitation period is two years
- The rules can be complex and depend on the nature of the journey
Because the legal basis is different, it is easy to miscalculate deadlines without advice.
Accidents Abroad: Time Limits Vary
Injuries that happen outside the UK follow different rules depending on how the trip was organised.
Package holidays: Three years
If you were on a qualifying package holiday, you normally have three years to claim against the tour operator, similar to a UK accident.
Non-package holidays: Foreign law applies
If the trip was not a package holiday:
- The time limit depends on the law of the country where the accident happened
- This can be much shorter than three years
For example, in some countries the limit may be as short as one year.
This catches many people out, especially holidaymakers who wait too long.
Court Power to Extend the Time Limit
Under section 33 of the Limitation Act 1980, courts have limited power to extend time limits.
Should you rely on this?
No. Extensions are:
- Rare
- Granted only in exceptional circumstances
Courts look carefully at:
- Reasons for the delay
- Whether evidence is still available
- Whether the defendant would be unfairly prejudiced
It is always risky to rely on this discretion.
Why Issuing Your Claim in Time Matters
Many people assume they only need to “start” discussions within three years. This is a common mistake.
The reality
- The claim must be issued at court before the deadline
- Investigations can take months
- Waiting too long can remove your legal options completely
Why You Should Act Early
Starting early gives you real advantages.
Evidence is easier to collect
When time passes:
- Witness memories fade
- CCTV footage may be deleted
- Documents may be lost
Early action preserves evidence.
Medical evidence takes time
Reliable medical reports are essential in personal injury claims. These take time to arrange and complete.
Rehabilitation funding
Early legal advice may allow your solicitor to:
- Secure interim payments
- Arrange treatment or rehabilitation early
This can make a real difference to your recovery.
Common Mistakes People Make
- Assuming they have “plenty of time”
- Waiting until symptoms worsen
- Not realising foreign law applies
- Confusing negotiation time with court deadlines
- Delaying police reports for criminal injuries
Avoiding these mistakes can protect your claim.
What You Should Do If You Have Been Injured
If you think you may have a claim:
- Do not wait to see how things develop
- Make a note of dates and details
- Seek legal advice as soon as possible
- Ask specifically about your time limit
Even a short delay can matter in some cases.
Final Thoughts
Time limits in personal injury claims are strict, and they vary depending on your situation. While three years is the general rule in England and Wales, many important exceptions apply.
If you miss the deadline, you could lose your right to compensation entirely. Acting early gives you the best chance of a successful claim and access to the support you may need.
If you have been injured, the safest step is to get advice early, understand your deadline, and protect your position before time runs out.