Guide: Understanding Time Limits for Making a Personal Injury Claim in the UK

If you’ve been injured in an accident or developed a health condition because of someone else’s negligence, you may be entitled to make a personal injury claim. One of the most important things to understand at the outset is that claims don’t stay open indefinitely. UK law sets strict time limits—known as limitation periods—for starting legal proceedings.

Missing a deadline can prevent you from claiming altogether, even if your case would otherwise have succeeded. This guide explains the general rules, key exceptions, and practical steps you can take to stay on track.

The General Rule: Three Years

In most UK personal injury cases—whether involving a road traffic accident, workplace injury, medical negligence, or an accident in a public place—you usually have three years to start your claim.

This three-year period generally begins on:

1. The Date of the Accident

This is the most straightforward scenario.

For example:

• You slipped on a wet floor in a supermarket
• You were involved in a car accident
• You suffered an injury due to faulty equipment at work

In these situations, the time limit usually starts from the day the incident happened.

2. The “Date of Knowledge”

Not all injuries are immediately obvious. You may only realise later that symptoms you’re experiencing are linked to a previous incident or work conditions. The date of knowledge is the point at which you first reasonably became aware that:

• you had an injury or condition, and
• it was linked to someone else’s negligence or breach of duty

This is common with conditions like:

• repetitive strain injuries,
• industrial hearing loss,
• stress-related illnesses,
• medical negligence cases where the harm becomes clear only after further tests

From the date of knowledge, you typically have three years to start your claim.

Key Exceptions to the Three-Year Rule

Certain groups have additional protection under UK law. Understanding these exceptions ensures you don’t assume you’re out of time when you might still be eligible.

1. Children (Under 18)

Children cannot bring legal proceedings on their own, so the law pauses (“stops running”) the usual time limit until they turn 18.

• A responsible adult—called a litigation friend—can start a claim at any time before the child turns 18.
• If no claim is made earlier, the child then has three years from their 18th birthday to take their own legal action.

Example:

A child injured in a car accident at age 10 can bring a claim through a litigation friend straightaway, or they can wait and bring it themselves between ages 18 and 21.

This rule covers:

• road accident injuries,
• school accidents,
• negligent medical treatment during childhood,
• accidents in play areas or amusement parks, and more.

2. Adults Lacking Mental Capacity

If someone does not have the mental capacity to manage their own legal affairs, the three-year limitation period may not run at all.

This applies if the injured person:

• is living with a diagnosed psychiatric illness or learning disability that affects decision-making,
• school accidents,
• suffered a brain injury affecting cognitive function,
• has dementia or other degenerative conditions.

In practical terms:

• A claim can usually be made at any time while the lack of capacity continues
• If mental capacity is regained later, the three-year time limit may begin from that point

A litigation friend can also be appointed to act on the person’s behalf.

3. Industrial Disease and Latent Injury Claims

Industrial illnesses often develop over many years, long after the exposure happened. Because it would be unrealistic to expect someone to claim before knowing they were ill, the law uses the date of knowledge.

The three-year clock normally starts from when:

• a condition is first diagnosed, or
• when a reasonable person in your situation would have made the connection between symptoms and work.

This category includes:

• asbestos-related illnesses (e.g., mesothelioma, asbestosis),
• industrial deafness or tinnitus,
• vibration white finger,
• chemical or dust exposure conditions,
• repetitive strain disorders.

Time limits in industrial disease cases are one of the most frequently misunderstood areas, so getting early advice is strongly recommended.

4. Fatal Accident Claims

If someone has died and their family wishes to pursue compensation, the law works differently.

There are generally two types of claims:

a. Claims on Behalf of the Estate

The estate may bring a claim for the pain, suffering, and financial losses the deceased experienced before death.

b. Dependency Claims

Certain relatives (such as a spouse, partner, children, or others financially dependent on the deceased) can claim for the loss of financial support and services.

The limitation period is normally three years from the date of death, or from when the family first knew the death was linked to negligence.

However, fatal claims can be legally complex. Early advice is essential to preserve your rights and determine who is entitled to bring the claim.

Why Acting Early Matters

Even though you may technically have up to three years, waiting too long can weaken your case. Starting early gives you important advantages:

1. Fresher Evidence

Evidence can degrade or disappear over time. Acting quickly increases the chance of securing:

• CCTV footage,
• accident reports,
• photographs of hazards,
• physical evidence (e.g., faulty equipment),
• medical records.

2. Easier to Trace Witnesses

Witnesses:

• may move house,
• change jobs,
• forget key details,
• or become reluctant to get involved years later.

Capturing witness statements early strengthens your case significantly.

3. Access to Interim Payments

If liability is accepted early in the process, you may be able to receive interim payments before the case concludes. These can help cover:

• lost earnings,
• medical treatment,
• rehabilitation costs,
• mobility aids.

Delaying your claim delays the possibility of financial support when you need it most.

4. Improved Rehabilitation and Recovery

A solicitor can help arrange early rehabilitation or specialist medical treatment through the Rehabilitation Code, which aims to support recovery while the claim progresses.

Practical Timeline Tips to Stay Organised

Even if you’re still deciding whether to start a claim, taking some simple steps now will make things easier later

1. Start Your Eligibility Check Straightaway

A quick conversation with a solicitor can confirm:

• whether you’re within the legal time limit,
• who could be held responsible
• what evidence you might need,
• how much your claim could potentially be worth.

This early clarity is genuinely helpful, even if you don’t proceed immediately.

2. Gather Key Documents Early

Useful documents include:

• GP and hospital records,
• accident report forms,
• correspondence from your employer or insurer,
• photos of the accident scene or injuries,
• receipts for medical expenses or travel,
• wage slips to show lost earnings.

You don’t need to have everything perfect before speaking to a solicitor—they can help gather missing evidence—but the more you save, the better.

3. Keep a Diary of Your Symptoms and Daily Impact

A simple symptom diary can be invaluable. Record:

• pain levels,
• sleep difficulties,
• mobility issues,
• how the injury affects work or home life,
• emotional or psychological effects.

This creates a clear timeline of how your condition developed.

4. Follow Medical Advice and Attend Appointments

Your recovery is the priority. Make sure you:

• attend GP or hospital appointments,
• follow physiotherapy or treatment plans,
• take prescribed medication as advised.

Insurers may question your injuries if there are long gaps in treatment or missed appointments.

5. Be Cautious with Social Media

Photos, posts, or comments can be misinterpreted or taken out of context by insurers. A simple post like “feeling better today” might later be used to argue your injuries were minor. Adjusting your privacy settings and being careful about what you share is sensible.

What Happens if You Think You’re Out of Time?

Even if you believe the three-year limit has passed, don’t assume your case cannot proceed. The rules around knowledge, capacity, and exceptions are nuanced. For example:

• You may only recently have realised your condition was work-related
• A medical negligence claim might not start until a later diagnosis
• For industrial disease, the exposure might have happened decades ago but the limitation period only began at diagnosis

A solicitor can assess this quickly, and in some rare situations, a court can allow a claim to proceed even if the limit has technically expired.

Summary: The Importance of Understanding Time Limits

• Most claims must start within three years of the accident or date of knowledge
• Children have until age 21
• Adults lacking mental capacity may have no time limit until capacity is regained
• Industrial diseases usually run from diagnosis
• Fatal claims have separate rules—seek advice promptly
• Acting early helps preserve evidence, secure witness accounts and access interim payments
• A short eligibility check now ensures you don’t miss vital deadlines

Ready to Take the First Step?

Start your claim enquiry — it only takes a minute.

A quick conversation can confirm whether you’re within the time limit and what your next steps should be. There’s no obligation, and the sooner you get tailored advice, the stronger your position will be.