Home › Personal injury guides › Time limits: the exceptions
Guide · Personal injury
Personal Injury Time Limits: Every Exception Explained
Most personal injury claims in England and Wales must be started within 3 years of the accident, or of when you first knew your injury was caused by someone else. Children have until their 21st birthday, and time doesn't run for someone who lacked mental capacity from the time of the injury. But some deadlines are shorter: claims about accidents on international flights and cruises usually have 2 years, and human rights claims 1 year.
Missing a time limit is one of the few mistakes in a claim that usually can't be put right. This guide goes through the exceptions and special cases, from fatal accidents to hit-and-run drivers, so you can check where you stand.
- Set by
- Limitation Act 1980
- Children
- Until their 21st birthday
- Can be shorter
- 2 years for international air and sea travel
- Court can extend
- Only in limited cases
The standard rule
For most personal injury claims, you have 3 years to settle your claim or start court proceedings. The 3 years runs from the later of:
- The date of the accidentFor most accidents, this is when the clock starts.
- Your date of knowledgeThe date you first knew, or reasonably should have known, that you had a significant injury caused, at least partly, by someone else. This matters most for conditions that develop gradually, such as industrial diseases.
For the basics, see our main guide: how long do I have to claim?
Exceptions that can give you more time
- ChildrenIf you were under 18 when you were injured, the 3 years doesn't start until your 18th birthday, so you have until you turn 21. A parent or guardian can bring the claim for you before then as your litigation friend, and acting early is usually best.
- Lack of mental capacityIf the injured person lacked the mental capacity to manage their claim when the injury happened, the time limit doesn't run while they lack capacity. If they regain it, the 3 years starts then. If they never do, a litigation friend or deputy can bring the claim at any time. If someone loses capacity later, after the time limit has started, it usually keeps running.
- Injuries found out about laterIf you only recently found out your injury was caused by someone else, your 3 years may only just have started, because of the date of knowledge rule.
Deadlines that can be shorter or different
Some claims have their own rules. Getting advice quickly matters most in these cases.
International flights and cruises
Claims about injuries on international flights, or on ships covered by international rules, usually have to be started within 2 years. See our cruise ship case study.
Hit-and-run and uninsured drivers
Claims through the Motor Insurers' Bureau have their own rules, including reporting the accident to the police promptly and other short deadlines. Report it straight away and get advice quickly.
Human rights claims
Claims against a public body under the Human Rights Act 1998 usually have to be brought within 1 year, although the court can allow longer.
Criminal injuries
Applications to the Criminal Injuries Compensation Authority are a separate scheme, with a 2-year time limit from the incident. Late applications are only accepted in exceptional circumstances.
Fatal accident claims
When someone dies because of another person's negligence, two kinds of claim can usually be brought:
- A claim for the estateFor the losses and suffering of the person who died, under the Law Reform (Miscellaneous Provisions) Act 1934. This usually has to be started within 3 years of the date of death, or of when the personal representative knew the relevant facts, if later.
- A claim for dependantsFor family members who relied on the person who died, under the Fatal Accidents Act 1976. This usually has to be started within 3 years of the date of death, or of when the dependant knew the relevant facts, if later.
If the person who died was already out of time to bring their own claim before they died, these claims usually can't be brought either.
What happens if you miss the time limit?
If the time limit has passed, the other side will usually ask the court to throw the claim out, and they will normally succeed. The court does have a power, under section 33 of the Limitation Act 1980, to let a personal injury claim go ahead late if it's fair to do so, but it's used sparingly and shouldn't be relied on.
The court looks at things like how long the delay was and why, whether the evidence is still available, how the delay affects the other side, and how quickly you acted once you knew you might have a claim.
Don't leave it late
Even when you're within the time limit, a claim takes time to prepare, so starting with only weeks to spare can put it at risk. If you think your time limit might be close, contact us as soon as you can.
Time limits at a glance
| Type of claim | Usual time limit | Notes |
|---|---|---|
| Most personal injury claims | 3 years | From the accident or your date of knowledge, if later |
| Injured as a child | Until age 21 | The 3 years starts on the 18th birthday |
| Lacked mental capacity from the injury | No limit while it lasts | 3 years from regaining capacity, if they do |
| Fatal accidents | 3 years | From the death, or the relevant date of knowledge |
| International flights and cruises | 2 years | Under international travel rules |
| Criminal injuries (CICA) | 2 years | A separate government scheme |
| Human rights claims | 1 year | The court can allow longer |
Time limits: FAQs
Can I still claim if I only just found out my injury was caused by negligence?
Possibly. Under the date of knowledge rule, the 3 years may only start when you first knew, or should reasonably have known, that your injury was caused by someone else. Get advice as soon as you can so we can check your position.
Does the 3 years include time to prepare the claim?
The 3 years is the deadline to settle your claim or start court proceedings. Preparing a claim, getting evidence and giving the other side time to respond all happen before that, and can take months, so don't leave it until near the end.
I was injured at work and have just left that job. Does my time limit change?
No. Leaving your job doesn't change your time limit. It still runs from the date of your accident, or your date of knowledge if that's later. See our guide to accident at work time limits.
Can the court allow a claim after the time limit?
Sometimes. The court can let a personal injury claim go ahead late if it's fair, looking at things like the length of and reasons for the delay and whether the evidence is still available. But this power is used sparingly, so don't rely on it.
What's the time limit for a claim for a child?
A child has until their 21st birthday, because the 3 years starts on their 18th birthday. A parent or guardian can bring the claim for them before then, and acting early is usually best while evidence is still available.
Are there time limits shorter than 3 years?
Yes. Claims about injuries on international flights and on ships covered by international rules usually have 2 years, criminal injuries compensation applications have 2 years, and human rights claims against public bodies usually have 1 year.
Worried your time limit is close?
Talk to our team for free, with no obligation. We'll check your time limit, explain whether you can still claim and tell you what to do next. Eligible claims are handled on a No Win No Fee basis.