Understanding Time Limits for Making a Claim

One of the most common questions people ask after a slip, trip or fall is:

“How long do I have to make a claim?”

In most cases across England and Wales, the general time limit for personal injury claims is three years. But there are important exceptions and special rules, particularly for children and people who lack mental capacity.

This guide explains time limits in plain English so you can make informed decisions early.

The standard rule: 3 years

For many slip, trip or fall injury claims, you have three years from:

  • the date of the accident, or
  • the “date of knowledge” (when you first realised your injury was linked to the accident)

If you miss the time limit, the court may refuse to allow the claim to proceed.

What is “date of knowledge”?

This applies when:

  • symptoms develop later
  • the injury is diagnosed later
  • you initially didn’t realise it was serious

Example: you fall and feel sore, but months later an MRI shows a serious injury linked to the fall. Your “date of knowledge” may be later — though these situations are fact-specific.

Time limits for children (under 18)

If the injured person is under 18, the three-year limitation period usually starts on their 18th birthday, meaning they may have until age 21.

A parent or litigation friend can sometimes start the claim earlier on the child’s behalf.

People lacking mental capacity

If someone lacks capacity to run their own legal affairs, time limits may not run in the usual way. Specialist legal advice is important.

Scotland is different

Scotland typically uses different rules and time limits. If the accident happened in Scotland, the safest approach is to get advice early rather than assuming the three-year rule applies.

Why acting early matters (even if you have time)

Even when the limitation period is long, evidence can disappear quickly:

  • CCTV may be overwritten
  • cleaning logs may not be retained
  • staff members may leave
  • memories fade

Early advice can help preserve evidence and strengthen the claim.

Key takeaway

If you’re unsure, get an early claim assessment. It costs nothing to check eligibility, and it helps avoid being caught out by deadlines.