Personal injury claim time limits: how long do you have?
Last updated · By Mustafa Bilgic
The general rule: three years
For most accident and injury claims in England and Wales, the law gives you three years to begin court proceedings. This limit comes from the Limitation Act 1980, and it is strict: if you have not issued a claim at court before the deadline, your claim is usually "statute-barred" and the defendant can have it thrown out no matter how strong it was. Settling, or even instructing a solicitor, is not the same as issuing — only formally starting proceedings stops the clock.
The three years generally start on the later of two dates: the date of the accident, or the date of knowledge (explained below). For a one-off accident — a car crash, a trip, a fall at work — those two dates are usually the same, so you simply count three years from the incident. Gov.uk and Citizens Advice both confirm the three-year position for ordinary personal injury claims.
When does the clock start? Date of knowledge
Not every injury is obvious on the day it is caused. Industrial diseases, some repetitive strain conditions and certain medical cases can take months or years to become apparent. For these, the date of knowledge can be later than the date of the negligent act, and the three-year period runs from that later date. You have the relevant knowledge once you first knew, or reasonably ought to have known, three things:
- that your injury was significant;
- that it was attributable (at least in part) to the act or omission you are complaining about; and
- the identity of the defendant responsible.
The date of knowledge is judged objectively, so you cannot delay simply by choosing not to investigate. If a reasonable person in your position would have realised the connection, the clock is treated as having started.
UK time limits at a glance
The three-year rule has several important exceptions. The table below summarises the main scenarios in England & Wales. Scotland and Northern Ireland have their own broadly similar limitation rules, and you should confirm the position for your jurisdiction.
| Scenario | Time limit | Starts from |
|---|---|---|
| General personal injury | 3 years | Accident or date of knowledge |
| Child (under 18) | Until age 21 | The 18th birthday (3 years run from then) |
| Person lacking mental capacity | No limit while incapacity lasts | Limit only starts if/when capacity is regained |
| Fatal accident | 3 years | Date of death or date of knowledge |
| Criminal injury (CICA) | 2 years | Date of the incident (with limited discretion) |
| Air or sea travel / abroad | Often shorter (e.g. 2 years) | Varies by treaty and country |
Children
For a child (under 18) the three-year limit does not even begin until their 18th birthday, so a claim can usually be brought up to the age of 21. While the child is still under 18, a claim can be brought on their behalf by a litigation friend — normally a parent or guardian — and there is no three-year cut-off during childhood. Many serious childhood-injury claims are run this way long before the child turns 18.
People who lack mental capacity
Where an injured person lacks the mental capacity to conduct their own claim (for example after a serious brain injury), the limitation clock does not run for as long as that incapacity continues. If capacity is never regained, there is effectively no time bar; if it is regained, the three years start from that point. This protects people who are not in a position to act for themselves.
Fatal accidents and CICA
If someone dies because of an accident or negligence, dependants and the estate generally have three years from the date of death (or the date of knowledge) to bring a claim. Separately, the Criminal Injuries Compensation Authority (CICA) scheme — for people injured by violent crime — has a much tighter window of normally two years from the incident, with only limited discretion to extend. Travel by air or sea, and accidents abroad, are governed by international conventions and foreign law and frequently carry shorter deadlines, so those need checking early.
Can a missed deadline be saved? Section 33
Occasionally the court can rescue a late claim. Section 33 of the Limitation Act 1980 gives judges a discretion to let a personal injury claim proceed even after the three years have expired, where it would be fair ("equitable") to both sides. In deciding, the court weighs factors such as the length of and reasons for the delay, the effect of the delay on the reliability of the evidence, how the defendant behaved, and how promptly the claimant acted once they knew they had a claim.
Section 33 is genuinely discretionary — it is the exception, not a safety net you can plan around. Many late claims are refused. The only safe approach is to treat the three-year limit as a hard deadline and start well before it.
Why acting early matters
Beyond the legal deadline, there are practical reasons to start promptly. Witnesses move on and memories fade; CCTV is routinely overwritten within weeks; vehicle damage is repaired; and accident scenes change. The sooner the evidence is captured — photographs, witness details, medical records and an early account of what happened — the stronger your claim. Early action also means medical evidence about your prognosis can be obtained while the injury is fresh, which helps value the claim accurately. See our guide on how compensation is calculated to understand what that evidence supports.
US time limits: statutes of limitation
The United States has no single national deadline. Instead, each state sets its own statute of limitations for personal injury, commonly two to three years from the date of injury — but some states are shorter and others longer, and there are extra rules for claims against government bodies (often with very short notice periods) and for minors. Many states apply a "discovery rule" similar to the UK date of knowledge. Because both the period and the exceptions vary by state, treat two-to-three years only as a rough guide and check the statute for the state where the injury happened, then get local advice quickly.
Frequently asked questions
How long do I have to make a personal injury claim?
In England & Wales the general limit is three years under the Limitation Act 1980, running from the date of the accident or, if later, the date of knowledge. If proceedings are not issued in time the claim is usually barred. Different rules apply to children, people who lack capacity, fatal accidents and CICA, and other countries set their own limits.
When does the 3 years start (date of knowledge)?
The clock starts on the later of the accident date or the date of knowledge — when you first knew, or reasonably should have known, that your injury was significant, attributable to the defendant's act or omission, and who that defendant was. This matters most for injuries or illnesses that develop gradually, such as industrial disease.
What are the time limits for children?
For a child (under 18) the three years do not start until their 18th birthday, so a claim can usually be brought up to age 21. Before 18, a claim can be brought on the child's behalf by a litigation friend (usually a parent), with no three-year cut-off during childhood.
Can the deadline ever be extended (s.33)?
Sometimes. Section 33 of the Limitation Act 1980 lets the court allow a late claim where it is fair to both sides, weighing the reasons for and length of delay, the effect on the evidence, and how promptly the claimant acted. It is discretionary and often refused, so never rely on it instead of claiming in time.
What are US time limits?
There is no national US deadline. Each state sets its own statute of limitations for personal injury, commonly two to three years, though some differ and special rules apply to government claims and minors. A discovery rule similar to the UK date of knowledge often applies. Check the statute for the state where the injury happened and get local advice promptly.
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