Personal injury claim time limits: the 3-year rule

Of all the questions people ask after an accident, "how long have I got?" is the one that matters most — because getting it wrong can end an otherwise strong claim before it starts. The rules are not complicated once they are laid out clearly, but they do contain traps. This guide explains the three-year limit, exactly when the clock starts, the situations where it works differently, and why leaving things to the wire is a risk worth avoiding.

As with the rest of this site, a quick caveat: we are an independent information service, not a law firm. Time limits turn on the precise facts of each case, so if your deadline is close — or you are unsure when it even falls — speak to an SRA-regulated solicitor straight away rather than relying on a web page.

The general three-year rule

For most personal injury claims in England and Wales, the governing rule is found in section 11 of the Limitation Act 1980: a claim must be brought within three years. "Brought" means issuing court proceedings, not simply instructing a solicitor or sending a letter — although in practice your solicitor will aim to settle long before any court deadline looms. If the three years pass without proceedings being issued, the defendant can rely on a limitation defence and your claim is, in the ordinary course, time-barred for good.

The same three-year period applies whether your injury came from a road accident, an accident at work, a slip or trip in a public place, or an assault. It also applies to claims that run through the government's Official Injury Claim portal and the wider RTA process for road-traffic injuries — that route changes how a claim is handled, not the three-year window for starting it.

When does the clock start? "Date of knowledge"

For a one-off accident the start date is obvious — it is the day it happened. But many injuries and illnesses do not announce themselves immediately. To deal with this, section 14 of the Limitation Act 1980 provides an alternative starting point: your date of knowledge. Time runs from the date you first knew, or could reasonably have been expected to know, all of the following: that your injury was significant, that it was caused by the act or omission you say was negligent, and the identity of the person responsible.

This "date of knowledge" rule is what keeps the door open for diseases with a long latency. A worker exposed to asbestos decades ago may only be diagnosed with an asbestos-related condition such as mesothelioma in retirement; someone with noise-induced hearing loss (NIHL) may not link their deafness to years of loud machinery until a hearing test spells it out. In those cases the three years typically run from diagnosis or the point of reasonable awareness, not from the long-ago exposure.

The key exceptions to the three-year rule

Several well-established exceptions change either when the clock starts or whether it runs at all. These are the ones that catch people out most often.

Children and minors

If the injured person was under 18 when the accident happened, the three-year limit does not start until their 18th birthday. In practice this gives a child until their 21st birthday to bring a claim. That does not mean waiting is wise: while the child is under 18, a parent or guardian can act as a "litigation friend" and pursue the claim straightaway, which is usually far better because the evidence is fresher. Any settlement for a child must be approved by the court and the compensation is generally held until they turn 18.

Protected parties and mental capacity

Where the injured person lacks the mental capacity to conduct legal proceedings — assessed under the Mental Capacity Act 2005 — they are a "protected party" and no limitation period runs for as long as that incapacity continues. This protects, for example, someone with a severe brain injury. If the person never regains capacity, there is effectively no time bar. If capacity is later regained, the standard three-year clock begins from that point. A claim can be brought on their behalf at any time by a litigation friend.

Fatal accidents

Where an accident or disease causes death, claims can be brought under the Fatal Accidents Act 1976 (by dependants, for their loss) and the Law Reform (Miscellaneous Provisions) Act 1934 (on behalf of the deceased's estate). The time limit is three years from the date of death or from the date of the dependants' or personal representatives' knowledge, whichever is later. If the deceased's own three-year period had already expired before they died, the dependants generally cannot revive it — another reason not to delay.

A limitation deadline is unforgiving in a way that little else in the claims process is. Liability can be argued, evidence can be gathered late, medical reports can be updated — but a missed time limit is usually final. Treat the date as fixed and work backwards from it.

The court's discretion to extend (section 33)

There is one safety valve in England and Wales. Under section 33 of the Limitation Act 1980, a court has a discretion to disapply the three-year limit and let a personal injury claim proceed even though it is out of time, if it would be fair (or "equitable") to both parties. The court weighs a list of factors: the length of and reasons for the delay, how the delay has affected the evidence, how promptly the claimant acted once they knew they had a claim, and whether a fair trial is still possible.

It is important to be realistic about this. The section 33 discretion exists for genuinely exceptional cases — it is rarely granted, and the burden is on the claimant to persuade the court. It should never be treated as a fallback for missing the deadline. The only safe approach is to issue the claim, or instruct a solicitor with time to spare, well within the three years.

Claims with a different deadline

The three-year rule is the default, but a handful of routes follow their own clock. Confusing them with the ordinary limit is one of the most common — and costly — mistakes, because some are shorter.

• CICA (criminal injuries) — 2 years. A claim to the Criminal Injuries Compensation Authority for an injury caused by a violent crime must normally be made within two years of the incident. CICA can extend this in limited cases (for example for children or where an earlier application was not reasonably possible), but the window is tighter than a court claim.
• Air travel (Montreal Convention) — 2 years. Injuries suffered during international carriage by air are governed by the Montreal Convention, which imposes a strict two-year limit running from arrival (or the date the aircraft should have arrived). This is a hard cut-off with little room for extension.
• Claims involving ships. Injuries connected with carriage by sea can be subject to shorter maritime limitation periods (often two years under the relevant conventions). Specialist advice is essential here.
• Official Injury Claim / RTA — still 3 years. Road-traffic injury claims handled through the government's Official Injury Claim portal keep the ordinary three-year limit; the portal changes the procedure, not the deadline.
• Claims against public bodies and abroad. Some claims (for example certain actions against overseas defendants, or against some public authorities) carry their own notice requirements or shorter periods. If in doubt, assume the deadline could be sooner and check.

Time limits at a glance

Scotland and Northern Ireland

The three-year period is UK-wide in effect, but it sits in different statutes. In Scotland, personal injury time limits come from the Prescription and Limitation (Scotland) Act 1973, which sets a general three-year limit running from the injury or the date the claimant became aware of it; Scottish procedure and courts differ, and the equivalent of the date-of-knowledge and capacity protections apply. In Northern Ireland, the Limitation (Northern Ireland) Order 1989 likewise imposes a three-year limit with comparable rules for children and those lacking capacity. The headline period is the same, but you should always take advice in the relevant jurisdiction because the detail and the court system are not identical.

Why you should never leave it to the last minute

Even though you may technically have three years, treating that as your timetable is a mistake. A solicitor needs lead time to gather records, obtain an independent medical report, investigate liability and, if necessary, prepare to issue proceedings before the deadline. Many firms are reluctant to take on a claim with only a few weeks left on the clock precisely because there is no margin for the inevitable delays in obtaining evidence.

If you are still working out where your claim sits, our guide on how to claim compensation sets out the whole journey, and the personal injury claim process page explains each stage in order. Knowing your deadline is the first step; the next is knowing what to do after an accident so your evidence is ready when you need it.

Frequently asked questions