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Guide · England & Wales
How Long Do I Have to Make a Personal Injury Claim?
In most cases, you have three years to start a personal injury claim. The three years usually run from the date of your accident, or from the date you first knew your injury was linked to it. Children have until their 21st birthday, and there's no time limit while someone lacks mental capacity. If your claim hasn't settled, court proceedings must be started before the deadline.
This guide explains the time limits for road traffic, work, public place and serious injury claims, the exceptions, and why it pays to act early.
Reviewed by [solicitor name], NJS Law · Last reviewed [month year]
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Personal injury time limits at a glance
Time limits for personal injury claims in England and Wales are set by the Limitation Act 1980. The time limit is often called the "limitation period".
If your claim hasn't settled by the end of the limitation period, court proceedings must be started before it runs out. Otherwise, you're likely to lose your right to compensation, however strong your claim is.
| Your situation | Usual time limit |
|---|---|
| Most injury claims | 3 years from the date of the accident |
| Injury or illness noticed later | 3 years from your "date of knowledge" |
| Injured as a child | 3 years from your 18th birthday, so usually by your 21st birthday |
| Lacking mental capacity | No time limit while capacity is lacking |
| Someone died from their injuries | Usually 3 years from the date of death, or from when the family knew the death was linked to the accident |
Source: Limitation Act 1980, sections 11, 12, 14 and 28.
Check your deadline
Enter the date of your accident to see roughly when the standard 3-year time limit ends. This is a guide only; we'll confirm your exact deadline for free.
The 3-year rule
For most personal injury claims, you have three years to start court proceedings. This applies whether you were hurt in a road traffic accident, at work, in a shop or other premises, or in a public place.
The three years usually start on the date of the accident. Contacting a solicitor or telling the other side's insurer doesn't stop the clock. If your claim hasn't settled, court proceedings must be issued within the three years to protect your right to compensation.
Most claims settle without going to court, but the process takes time. Under the court's pre-action rules, the other side can take up to three months to investigate after acknowledging a claim, and your medical evidence has to be gathered too. That's why getting in touch early matters, even when three years sounds like a long time.
What is the "date of knowledge"?
Some injuries and illnesses aren't obvious straight away. In these cases, the three years can start from your "date of knowledge" instead of the date of the accident or exposure.
Your date of knowledge is when you first knew, or reasonably should have known, that:
- you had a significant injury or illness;
- it was caused by the accident, your work or someone else's actions; and
- who was responsible.
This can be years after the exposure or event that caused it. Working out the date of knowledge can be complicated, so get advice as soon as you suspect a link.
Where the date of knowledge often applies
- Repetitive strain injuries
- Industrial deafness and hearing loss
- Vibration white finger
- Exposure to hazardous substances
- Work-related breathing conditions
- Injuries that worsen or are diagnosed later
Exceptions to the 3-year rule
There are important exceptions. If any of these apply to you, you may have longer to claim.
Children
If you were under 18 when you were injured, the three years don't start until your 18th birthday, so you usually have until you turn 21. A parent or guardian can claim on a child's behalf at any time before then.
Lacking mental capacity
There's no time limit while an injured person lacks the mental capacity to manage a claim. If they later regain capacity, the three years usually start from that point. A family member or deputy can claim on their behalf.
Fatal accidents
If someone dies from their injuries, their family usually has three years from the date of death, or from when they knew the death was linked to the accident, to make a claim.
Can the court extend the time limit?
In limited circumstances, a court can allow a claim to go ahead after the three years have passed. It looks at things like the reasons for the delay, whether the evidence is still available, and whether a fair trial is still possible.
It's up to you to show why the claim should be allowed, and there's no guarantee the court will agree. Relying on this is risky, so it's always better to get advice well before your deadline.
If you think you've missed the deadline, still talk to us. You may fall under one of the exceptions, or your time limit may have started later than you think.
What the court considers
- How long the delay was and why it happened
- Whether evidence and witnesses are still available
- How the other side has acted
- How quickly you acted once you knew you could claim
- Whether you got medical or legal advice
Source: Limitation Act 1980, section 33.
Why you shouldn't wait to claim
Even if you have three years, waiting can make your claim harder to prove. The sooner you get in touch, the stronger your claim is likely to be.
What can be lost over time
- CCTV footage, which is often deleted within weeks
- Witnesses, who move on or forget details
- Accident reports and other documents
- Your own clear memory of what happened
- Evidence of the hazard, which may be repaired
What acting early lets us do
- Secure evidence before it disappears
- Request accident reports and records
- Arrange medical evidence promptly
- Ask about early treatment and rehabilitation
- Protect your claim well before the deadline
Personal injury time limits: FAQs
How long do I have to make a personal injury claim?
In most cases, you have three years from the date of your accident to start court proceedings, if your claim hasn't settled by then. If your injury wasn't obvious straight away, the three years may start from the date you first knew it was linked to the accident or your work.
Does contacting a solicitor stop the time limit?
No. Getting in touch with a solicitor or notifying the other side doesn't stop the clock. If your claim hasn't settled, court proceedings must be issued before the time limit ends. Contacting us early gives us time to build your claim and protect it before the deadline.
Is the time limit different for road traffic accidents?
No, the usual time limit for road traffic accident injury claims in England and Wales is also three years from the date of the accident. Lower-value claims may go through an online portal, but they still need to be started within the time limit.
How long do I have to claim for an accident at work?
Usually three years from the date of the accident. For injuries or illnesses that develop over time, such as hearing loss or repetitive strain injury, the three years may start from when you first knew the condition was linked to your work.
How long does a child have to make a claim?
The three years don't start until a child's 18th birthday, so they usually have until they turn 21 to claim themselves. A parent or guardian can make a claim on their behalf at any time before then, and any settlement needs a court's approval.
What happens if I miss the 3-year deadline?
You're likely to lose your right to claim. A court can allow a late claim in some circumstances, but it isn't guaranteed. Talk to us anyway: your time limit may have started later than you think, or an exception may apply.
Can I still claim if my injury got worse years later?
Possibly. If you didn't know your injury was significant, or that it was linked to the accident, the time limit may run from when you found out. This can be complex, so get advice as soon as you can.
Not sure if you're still in time?
Talk to our personal injury team for free, with no obligation to claim. We'll check your time limit and tell you honestly whether you can claim. Eligible claims are handled on a no win, no fee basis.