Personal Injury Time Limits — How Long Do I Have to Claim?
Last reviewed: June 2026 · EA Personal Injury Solicitors
In most personal injury cases in England and Wales, you have three years to bring a claim. The clock usually starts from the date of the accident or, for illness and disease, from the date you became aware your condition was caused by someone else's negligence. There are important exceptions for children, people lacking mental capacity, and certain public authority claims.
TL;DR — Quick Summary
Key Points
- Standard time limit: 3 years from the accident or date of knowledge.
- Industrial disease: 3 years from the date of knowledge, not the date of exposure.
- Children: 3 years from their 18th birthday (until their 21st birthday).
- Fatal accidents: 3 years from date of death or date of knowledge.
- Some public authority claims have shorter time limits.
- Seek advice immediately if time may be running out.
The Standard Three-Year Time Limit
Under the Limitation Act 1980, most personal injury claims in England and Wales must be brought within three years. This three-year period runs from whichever is the later of:
- The date of the accident or incident that caused the injury; or
- The date of knowledge — the date when the claimant first became aware (or ought reasonably to have become aware) that they had suffered a significant injury caused by the defendant's negligence.
In straightforward cases where you are injured in an accident and immediately aware of the cause, the limitation period simply runs from the date of the accident. In disease and illness cases, the date of knowledge is often much later than the date of exposure.
Industrial Disease: The Date of Knowledge
For industrial diseases and occupational illnesses, the limitation period runs from the date of knowledge, not the date of exposure. This is particularly important for conditions such as:
- Noise-induced hearing loss: Many people suffer gradual hearing loss over years of noisy employment. The three years typically run from when they first became aware (or ought to have been aware) that their hearing loss was caused by noise at work — often when they first see a specialist or audiologist.
- Asbestosis and mesothelioma: Asbestos-related diseases can take decades to manifest after exposure. The date of knowledge usually runs from when a diagnosis is received.
- HAVS / vibration white finger: Symptoms develop over years of exposure. The limitation period usually runs from when the condition is first linked to occupational vibration exposure.
- Occupational asthma and dermatitis: Similar principles apply — the clock runs from when the connection to work is known or ought reasonably to have been known.
This means you may be able to bring a claim for industrial disease many years — even decades — after leaving the employment that caused the condition, provided you are within three years of the relevant date of knowledge.
Children and Young People
A child under 18 cannot bring a personal injury claim in their own name. However:
- A litigation friend (usually a parent or guardian) can bring a claim on behalf of a child at any time before the child turns 18.
- If no claim is brought before the child's 18th birthday, the three-year limitation period begins to run on that birthday — giving the young person until their 21st birthday to bring a claim.
It is generally advisable to bring claims for children as soon as possible rather than waiting until they turn 18, as evidence can become harder to gather over time.
People Lacking Mental Capacity
The limitation period does not run against a person who lacks mental capacity to manage their own affairs (known in law as a “patient”). The three-year period only begins once the person recovers capacity, if they do so. If capacity is not recovered, the limitation period may effectively be indefinite.
Fatal Accident Claims
Where a personal injury claim arises from a death, the time limit is three years from:
- The date of death; or
- The date of knowledge of the dependant (the date the family first had the information needed to bring the claim) — whichever is later.
In some cases, if the deceased had not yet issued proceedings before death, a new claim can be brought on behalf of the estate and dependants from the date of death.
Public Authority Claims
Claims against certain public authorities, such as criminal injury claims through the Criminal Injuries Compensation Authority (CICA), have shorter time limits — usually two years. Claims involving public authorities should be considered carefully in terms of applicable deadlines.
Clinical Negligence and Medical Negligence
Medical and clinical negligence claims are subject to the same three-year limitation rule, running from the date of the negligent act or the date of knowledge — whichever is later. The same provisions for children and those lacking capacity apply.
What Happens If You Miss the Deadline?
If the limitation period has expired, the defendant can apply to have your claim struck out (dismissed). In most cases this is a complete bar to your claim.
However, the court has a discretion under section 33 of the Limitation Act 1980 to allow a claim to proceed even if the limitation period has expired in personal injury and death cases. The court considers factors including:
- The length of the delay and the reasons for it.
- The effect of the delay on the evidence available.
- Whether the defendant would be prejudiced by the delay.
- The conduct of the defendant after the accident.
- The claimant's disability or vulnerability.
This discretion is not automatic and should not be relied upon. If you think time may be running out, seek advice immediately.
Act as Soon as Possible
Even if you are well within the limitation period, it is always better to seek advice and gather evidence as soon as possible. Witnesses' memories fade, records may be lost or destroyed, and the quality of the evidence available generally diminishes over time.