A personal injury claim is a legal action taken to receive compensation for an injury caused by someone else’s negligence. Injuries can be distressing, disrupt your life and ability to work, and leave you facing unexpected costs. If someone else is to blame, you deserve fair compensation to help you recover and move forward.
However, if you’re considering making a personal injury claim, it’s important to be aware of the time limits involved. Missing the personal injury claim deadline could mean losing your right to compensation. In the UK, most personal injury claims must be made within three years, but there are exceptions. Acting quickly can improve your chances of making a successful claim.
Below, we explain how the personal injury limitation period works, when it starts, and the key exceptions to know. We’ll also cover why acting quickly matters, and how Injury Lawyers 4u can help you secure the compensation you deserve.
What is the personal injury limitation period?
The personal injury limitation period is the legal time limit within which you must start a compensation claim after being injured in an accident.
In the UK, the standard limitation period for personal injury is three years. This runs either from the date of the accident or from the date you became aware that your injury was caused by someone else’s negligence.
This three-year personal injury claim time limit is set out in the Limitation Act 1980. If you don’t begin legal proceedings within this period, you’ll usually lose your right to claim. However, there are some exceptions, which we’ll explain below.
So, how long after an accident can you claim? There’s no minimum waiting period — you can begin a claim as soon as you’re ready. However, it’s best to take action once you’ve gathered enough evidence to support your case.
When does the three-year time limit start?
Understanding when the three-year personal injury limitation period begins is essential to making a successful claim. It can start from either:
- The date of the accident: This typically applies to injuries that happen at a clear moment in time, such as a road traffic collision or a workplace accident.
- The date of knowledge: In some cases, injuries or illnesses take time to show. For example, conditions linked to asbestos exposure can take years to develop. In these instances, the three-year limit begins from the date you first became aware (or should reasonably have become aware) that your injury was caused by negligence.
Seeking medical advice as soon as you’re aware of any symptoms is vital, as it helps to officially establish the date of knowledge and ensures you don’t miss the opportunity to claim the compensation you deserve.
Exceptions to the three-year rule
While the three-year rule applies to most personal injury claims, there are some important exceptions:
- Claims for children: If the injured person was under 18 at the time of the accident, the three-year limit doesn’t begin until their 18th birthday. This means they have until they turn 21 to start a claim.
- Mental capacity: If the injured person lacks the mental capacity to manage their own affairs, there is no time limit to make a claim unless they regain capacity.
- Fatal injury claims: If a loved one has died as a result of negligence, the three-year period usually starts from the date of death or the date the cause of death was confirmed.
- Injuries abroad: If the injury occurred outside the UK, the time limit may differ depending on the local laws of the country where the incident took place.
- Criminal injury claims: If your injury was the result of a violent crime, you may be eligible to claim through the Criminal Injuries Compensation Authority (CICA). These claims must usually be made within two years of the incident.
- Accidents on flights and ships: Claims involving air travel or incidents at sea are also subject to a shorter two-year time limit under international law.
What happens if you miss the deadline?
If you try to bring a personal injury claim after the limitation period has passed, your case will likely be rejected. Aside from the exceptions mentioned earlier, courts are generally strict about time limits.
However, under Section 33 of the Limitation Act 1980, judges do have the discretion to allow a claim outside the usual time limit if it’s considered fair and reasonable to do so. This is rare and typically only applies in exceptional circumstances, such as if a serious illness or other significant barrier prevented you from taking legal action sooner.
What should you do if you’re nearing the personal injury claim deadline?
If you’re approaching the end of your limitation period, acting quickly is essential. The nearer you are to limitation the more likely it is that your solicitor will not be able to file proceedings in time. A great deal of work is required before proceedings can be issued, so if you consult your lawyer one day before limitation, your prospects are limited.
Here’s what you should do:
- Contact a solicitor immediately: A legal expert can review your case and take swift action to ensure your claim is filed in time. At Injury Lawyers 4u, we move fast when time is short, and with our no-win, no-fee promise, you’ll only pay us if your claim is successful.
- Gather your evidence: Pull together as much supporting documentation as possible, including medical records, witness statements, accident reports and anything else that can support your claim.
- Issue proceedings: Your solicitor can submit your claim to the court before the deadline, protecting your right to compensation.
How Injury Lawyers 4u can help
At Injury Lawyers 4u, we have decades of experience helping people make successful personal injury claims. We’ll listen to your story, assess whether you have a case, and guide you through every step of the personal injury claims process.
Our expert solicitors will work hard to give you the best possible chance of securing the compensation you deserve. To get an idea of what your claim could be worth in general damages, try our compensation calculator.
Don’t wait – start your claim today
Time is of the essence when making a personal injury claim. If you leave it too late, you could lose your chance to claim the compensation you’re entitled to.
If you’ve been injured and it was someone else’s fault, get in touch with us today for a free, no-obligation consultation. Call us on 0333 400 4445 or fill in a contact form and we’ll get back to you as soon as we can.