If you’ve been injured in an accident that wasn’t your fault, you may be entitled to make a personal injury claim. However, one of the most crucial aspects to be aware of is the time limit for doing so. The law in the UK sets strict time frames within which claims must be made. If you miss this deadline, you might lose your right to compensation entirely — no matter how valid your case is.
This guide explains everything you need to know about personal injury claim time limits in the UK. It’s written in simple language to help you understand your rights, whether you’re claiming for a road accident, workplace injury, medical negligence, or any other type of personal injury.
What Is a Personal Injury Claim?
A personal injury claim is a legal process used to seek compensation if you’ve suffered an injury or illness because of someone else’s negligence. This could be a physical injury, psychological trauma, or both. Common examples include:
- Road traffic accidents
- Accidents at work
- Slips, trips and falls
- Medical negligence
- Product liability claims
- Accidents in public places
- Criminal injuries
What Is the General Time Limit for Making a Claim?
The general rule in the UK is that you have three years to start a personal injury claim.
This three-year period usually starts from either:
- The date of the accident or incident, or
- The date of knowledge — when you first became aware that your injury or illness was caused by someone else’s negligence.
This rule is set out under the Limitation Act 1980.
Let’s look at a couple of examples:
- If you slipped in a supermarket on 1st March 2022, you would typically have until 1st March 2025 to start your claim.
- If you discovered a health condition (e.g., asbestosis) years after being exposed at work, your three years would start from the date your doctor confirmed the link to your past working conditions.
Are There Any Exceptions to the Three-Year Rule?
Yes, there are a few important exceptions where the three-year rule does not apply in the same way.
Children
If the injured person was under 18 at the time of the accident, the three-year time limit doesn’t start until their 18th birthday. This means they have until they turn 21 to bring a claim.
A parent or guardian can also bring a claim on the child’s behalf at any time before they turn 18. This is often a better option, as evidence tends to be easier to gather closer to the time of the incident.
People Lacking Mental Capacity
If the injured person lacks mental capacity to manage their own legal affairs — due to a brain injury, mental illness, or learning disability — then the time limit is suspended unless they regain capacity.
In such cases, a relative or friend may be able to claim on their behalf as a litigation friend.
Fatal Accidents
If someone dies due to injuries caused by negligence, their family may be able to claim compensation. In these cases:
- The three-year limit usually starts from the date of death, or
- The date the family became aware of the negligence.
This type of claim is typically made under the Fatal Accidents Act 1976.
Criminal Injuries
If the injury was caused by a violent crime (e.g., assault, sexual abuse), you can make a claim through the Criminal Injuries Compensation Authority (CICA).
- The time limit for CICA claims is two years from the date of the crime.
- In some exceptional circumstances (such as historic abuse cases), this can be extended if you can show strong reasons for the delay.
What Happens If You Miss the Time Limit?
If you try to start a personal injury claim after the time limit has expired, your case will almost certainly be “time-barred” — which means the court is very likely to refuse to hear it.
That’s why it’s essential to act as early as possible, even if you’re not sure whether you want to pursue a full claim. A solicitor can help assess your situation and make sure your claim is filed in time.
Are There Any Extensions to the Time Limit?
Courts very rarely allow claims outside the usual time limit. However, there are limited situations where a judge may use discretion to extend the deadline. These are often cases involving:
- Complex medical negligence where the injury took time to discover
- Victims of childhood abuse who couldn’t come forward sooner
- Mental health difficulties that delayed the ability to take legal action
The court will look at all the circumstances, including the length of delay, reasons for it, and whether evidence is still available. But there’s no guarantee an extension will be granted — so it’s never safe to rely on this.
How Can You Check When Your Time Limit Ends?
To avoid confusion or risk, the best thing you can do is to:
- Speak to a solicitor as soon as possible after the incident.
- Keep a record of when the accident happened.
- Make note of when you first suspected the injury was due to someone else’s fault.
- Keep medical reports, accident logs, and witness details safe.
A personal injury lawyer can help you work out the precise deadline for your case.
How Long Does a Personal Injury Claim Take?
While you must start the claim within the time limit, that doesn’t mean the case must be finished by then.
Once your solicitor starts the legal process — usually by submitting a Letter of Claim or filing court papers — the claim is considered to be within time. The rest of the process can take a few months to several years, depending on:
- The complexity of the case
- Whether the other party admits fault
- How long it takes to assess the full impact of your injuries
Tips to Avoid Missing the Deadline
Here are some practical steps to make sure you don’t lose your right to compensation:
- Seek medical help straight away – This not only supports your health but also creates vital medical records for your claim.
- Record the incident – Write down exactly what happened while it’s still fresh in your mind.
- Get legal advice early – Many law firms offer a free initial consultation to assess whether you have a valid claim.
- Don’t wait for symptoms to worsen – The clock may already be ticking, even if your injury seems minor at first.
Can You Claim Outside the Time Limit?
As mentioned earlier, it’s rare — but not impossible — to claim after the deadline if you have strong reasons. For example:
- If you were a child at the time
- If you suffered from trauma or psychological issues that affected your ability to act
- If you only recently discovered the injury or cause
However, the court must be satisfied that allowing the claim is still fair to all parties.
Summary Table: Key Personal Injury Time Limits
| Type of Claim | Time Limit |
| General personal injury | 3 years from date of incident or knowledge |
| Injury to a child | 3 years from 18th birthday (until age 21) |
| Claim for someone lacking capacity | No time limit while capacity is absent |
| Fatal accident | 3 years from date of death or knowledge |
| Criminal injury (CICA) | 2 years from date of incident |
| Industrial disease or illness | 3 years from diagnosis date |
Conclusion
Understanding the time limits for personal injury claims is vital if you want to secure compensation. The three-year window may sound like a long time, but it can pass quickly — especially if you’re dealing with medical treatment, emotional trauma, or trying to figure out who’s to blame.
To give your claim the best possible chance, act promptly, seek legal advice, and gather all relevant information early. Missing the deadline could mean missing out on the justice and financial support you deserve.