Personal Injury Claim Time Limits — How Long Do You Have?
Last reviewed: June 2026 · EA Personal Injury Solicitors
In England and Wales, the standard time limit for bringing a personal injury claim is three years — either from the date of the accident or the date you first knew your injury was significant and attributable to someone else's fault (the date of knowledge). Miss this deadline and your claim will usually be permanently barred. There are important exceptions for children, industrial disease, mental incapacity, and criminal injury.
TL;DR — Quick Summary
Key Points
- Standard limit: 3 years from the accident date or date of knowledge
- Industrial disease: 3 years from date of knowledge — not date of exposure
- Children: time runs from their 18th birthday — claim by age 21
- Mental incapacity: clock is suspended while incapacity persists
- CICA (criminal injuries): 2 years — a shorter deadline than civil claims
- Always seek advice as soon as possible — evidence degrades over time
The Limitation Act 1980
Time limits for personal injury claims in England and Wales are set by the Limitation Act 1980. The primary rule (under section 11) is that a claim must be brought within three years of the later of:
- The date on which the cause of action accrued (usually the date of the accident); or
- The date of knowledge — the date the claimant first had knowledge of the injury, its significance, and its attribution to the defendant's act or omission.
If a claim is not issued in court within the limitation period, the defendant can apply to have it struck out as time-barred. Courts have a discretion to allow late claims (under section 33 of the Act), but this discretion is rarely exercised, and it is never safe to rely on it.
Time Limits by Claim Type
| Claim Type | Time Limit |
|---|---|
| Standard personal injury | 3 years from date of accident |
| Industrial disease | 3 years from date of knowledge |
| Child (under 18 at time) | 3 years from 18th birthday (i.e. by age 21) |
| Mental incapacity | Suspended during incapacity — 3 years from recovery |
| Fatal accident | 3 years from date of death or date of dependant's knowledge |
| Criminal injuries (CICA) | 2 years from date of incident |
| Some public body claims | May be shorter — take advice promptly |
The Date of Knowledge — Industrial Disease
For industrial disease claims (such as noise-induced hearing loss, mesothelioma, or HAVS), exposure often occurred years or decades before symptoms appeared. The limitation period does not run from the date of exposure — it runs from the date of knowledge.
The date of knowledge is the date you first knew (or could reasonably have found out):
- That the injury was significant (more than trivial)
- That it was attributable to an act or omission of the defendant
- The identity of the defendant (employer, insurer)
In hearing loss claims, for example, the date of knowledge is often when a claimant is told by a doctor or audiologist that their hearing loss is consistent with industrial noise exposure. A solicitor can advise on how to establish and evidence this date.
Claims Involving Children
Where the injured person was under 18 at the date of the accident, the three-year clock does not start until their 18th birthday. This means a child has until their 21st birthday to bring a claim in their own right. A parent or litigation friend can bring the claim on their behalf before then.
Mental Incapacity
The limitation period is suspended ("tolled") while the claimant lacks mental capacity within the meaning of the Mental Capacity Act 2005. If capacity is never regained, the claim can be brought at any time during the incapacity. If capacity is later regained, the three-year clock starts from that point.
Why You Should Not Wait
Even if you are within the limitation period, waiting has practical disadvantages:
- Evidence disappears — CCTV footage is overwritten, witnesses move on, accident records are lost
- Medical records are harder to obtain from distant providers
- The defendant's insurer may challenge credibility if the claim is brought late
- Gathering evidence about past employment and exposure is more difficult as time passes
If you are concerned about whether you are within the limitation period, seek advice immediately. Contact EA Personal Injury Solicitors for a free initial enquiry.