The general rule
three years from the date of the accident, or from your "date of knowledge".
Children
the three years do not start until their 18th birthday.
Lack of mental capacity
the clock does not normally run while someone lacks capacity.
Negotiating does not stop the clock.
Only issuing court proceedings does, or a formal written agreement between the parties.
Criminal injuries (CICA)
usually two years.
Accidents involving ships or aircraft
often two years.
Where this applies
this page covers England and Wales. Scotland and Northern Ireland have different rules.
The three-year rule
The Limitation Act 1980 sets a normal time limit of three years for personal injury claims. The three years run from:
- The date of the accident, or
- Your “date of knowledge”, which is the date you first knew, or reasonably should have known, that your injury was significant and was caused by someone else’s fault
For example, if you were injured on 14 March 2024, the three years would normally run out in March 2027. We would aim to start court proceedings well before that. If the claim has not settled by the deadline, court proceedings have to be issued before it passes, and we manage that diary date for you.
The date of knowledge matters most for conditions that develop slowly, such as hearing loss or asbestos-related disease, where the link to work may only become clear years later.
Exceptions to the three-year rule
| Situation | What usually applies |
|---|---|
| Children (under 18) | The three years do not start until their 18th birthday, so they usually have until their 21st birthday. A parent or guardian can bring a claim sooner on their behalf. |
| People who lack mental capacity | The time limit does not normally start while they lack capacity. A relative or other suitable person can claim on their behalf. |
| Industrial disease and delayed symptoms | The three years can run from the date of knowledge, not the date of exposure. |
| Fatal accidents | The family or estate usually has three years from the date of death, or from when they knew the death was linked to someone's fault. |
| Criminal injuries (CICA) | Usually two years from the incident, with strict limited exceptions. See our CICA page. |
| Accidents on ships or aircraft | Time limits under international conventions can be as short as two years. |
| Claims under the Human Rights Act 1998 | Often just one year. |
This table is only a guide. Time limits are technical, and the right answer depends on your dates and circumstances, so please speak to us rather than relying on this page alone.
What if I am past the time limit?
Do not assume it is too late. A court has a discretion to allow a claim to go ahead after the deadline where it would be fair to do so, taking into account the reason for the delay and whether a fair trial is still possible. But this is never guaranteed, the other side can contest it, and the longer the delay, the harder it becomes. Speak to us as soon as you can, and we will tell you honestly what options you have.
Why you should not wait
- Evidence disappears. CCTV is overwritten, records are lost and witnesses move away.
- Memories fade. What you remember now is more reliable than what you will recall in two years.
- Medical evidence is stronger early. Injuries are easier to document while they are recent.
- Claims take time. Reports, negotiations and any court process can take months or years, and we need to leave a margin before the deadline.
Your claim in four simple steps
Talk to us
Call or complete the form for a free, no-obligation chat about what happened.
We assess your claim
We tell you honestly whether you have a strong case, and what to expect.
We build your case
We gather evidence, arrange medical reports and deal with the other side.
You receive your
compensation
We negotiate a fair settlement or take your case to court if needed.
Time limits: your questions answered
When does the three-year clock start?
Usually three years from the date of the accident, or from when you realised your injury was linked to it. Different rules can apply to children and to people who lack mental capacity.
Does the clock stop while I negotiate with the insurer?
Usually three years from the date of the accident, or from when you realised your injury was linked to it. Different rules can apply to children and to people who lack mental capacity.
Is there a different deadline for children?
Every case is different. It depends on the severity of your injury, your recovery and any financial losses.
Can I still claim for an injury I suffered as a child?
Every case is different. It depends on the severity of your injury, your recovery and any financial losses.
My loved one has died. Is there a deadline for the family?
Most claims settle without a court hearing. If yours does not, we will prepare you fully.
What is the deadline for a criminal injuries claim?
You can claim for lost earnings, and we will help you gather the evidence.
Talk to a solicitor today
Tell us what happened. It costs nothing, there is no obligation, and we will call you back within 2 working hours.