If you have been injured due to someone else’s negligence, for example, in a road traffic collision, or an accident at work, you may be entitled to compensation and many people ask, “How long do I have to file a personal injury claim?” One of the most important legal deadlines you need to know about concerns ‘Limitation’, which governs how long you have to either conclude or file a personal injury claim with the Court. There are strict time limits for bringing a personal injury claim, and missing the deadline could mean losing the right to compensation altogether.
Standard Limitation – Limitation Act 1980
In most cases, in England, you have three years to start a personal injury claim. This three-year period usually begins from either:
- The date the injury occurred, or
- The date you first realised/ became aware your injury was linked to someone else’s negligence (known as the date of knowledge)
This rule is outlined in Section 11 Limitation Act 1980.
An illustrative example
If you were injured in a road traffic collision on 1 August 2025, you typically have until 1 August 2028 to have either concluded your claim or start at Court formal legal proceedings.
Section 14 of the Limitation Act 1980 looks to define ‘knowledge’ as the date on which someone had knowledge of the following facts:
(a) that the injury in question was significant; and
(b) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and
(c) the identity of the defendant; and
(d) if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.
This may be particularly important in cases concerning delayed onset of certain diseases and illness. As symptoms arising from industrial diseases or occupational injuries often develop over a substantial period of time, it is often difficult to determine at what point the symptoms would be classed as ‘significant’ and therefore it is important to seek specialist advice as soon as possible.
Are there exceptions to the three-year rule?
There are several situations where this time limit may be different or be extended, for example: –
Children (Under 18)
If the injured person is under 18 at the time of the accident, then the three-year limit doesn’t begin until their 18thbirthday. This means that they can file a claim any time before turning 21.
Protected Parties
If the injured person has been assessed to lack mental capacity to make legal decisions and/or manage their property and affairs under the Mental Capacity Act 2005 (due to a brain injury, for example), then the time limit is paused indefinitely – unless or until they regain capacity. If this happens, then the Limitation period would run from the date in which they have been assessed to have regained capacity.
Fatal Accidents
If you are bringing a claim on behalf of someone who has died as a result of an accident, then you have three years from the date of death or from the date you became aware that their death was linked to negligence, to file a claim.
Criminal Injury Claims (CICA)
In circumstances where you have been injured as a result of a violent crime and you are claiming through the Criminal Injuries Compensation Authority (CICA), you generally have two years from the date of the incident in which to submit your application to the CICA, otherwise the application might by rejected.
For children under the age of 18, this two-year period runs from the date of their 18th birthday and for anyone who has been assessed to lack mental capacity under the Mental Capacity Act 2005 then the time limit is paused indefinitely – unless or until they regain capacity.
Accidents at Sea/in Air
The limitation periods for making claims related to accidents that occur in the air and at sea may be different from the standard 3-year limit under the Limitation Act 1980.
For personal injury claims arising from aviation accidents (e.g., plane crashes), the limitation period can vary based on the nature of the incident. The key international conventions and UK laws to consider are:
Aviation Claims under the Carriage by Air Act 1961/ Montreal Convention (1999)
Under this convention, the Limitation Period is two years from the date of the accident or the date the injured party became aware of their injury. This applies to international flights between countries that have signed the Montreal Convention, which includes the UK. This period cannot be extended.
The Athens Convention 1974 amended by the 2002 Protocol
Where an accident occurs at sea, the general rule is that the limitation period is limited to two years from the date of disembarkation. In order for The Athens Convention 1974 to apply the injured person must have been a ‘passenger’ under a ‘carriage contract’.
Merchant Shipping Act 1995 (for injury to seafarers)
Where personal injury is caused by the fault of a ship to any person on board another ship, the Merchant Shipping Act 1995 provides a two-year time limit from the date when the damage or loss was caused, or when the loss of life or injury was suffered. Courts have discretion to extend this period under certain conditions.
Accidents abroad
Claims arising from accidents on package holidays may be subject to a three-year limitation period under the Package Travel and Linked Travel Arrangements Regulations 2018. These regulations make it possible to claim against the tour operator or the UK-based travel agent in England or Wales, even if the accident happened abroad.
However, it is important to note that limitation periods can depend on the substantive law applicable to the case. If you have suffered an injury whilst abroad, the limitation period may be very different. For example, the limitation period to commence a personal injury claim under Spanish law is only one year from the date of the accident, whereas, in French law it is ten years.
Section 33 Limitation Act 1980
Section 33 of the Limitation Act 1980 provides the court with the discretion to allow a personal injury claim (or other claims subject to a limitation period) to proceed after the statutory time limit has expired.
This is often only seen in very limited circumstances and the decision is entirely up to the Court’s discretion. The injured person must convince the court that it is reasonable to extend the time limit and they will look at various factors, such as, the length of and reason for the delay, the prejudice to the Claimant or Defendant, and the merits of the case when making this decision.
The importance of acting early
Even though, generally you have up to three years to bring a claim, it is usually better to try to start investigating your claim as early as possible to allow sufficient time to obtain evidence and build your case. Evidence can be lost or degrade over time (e.g., CCTV footage, witness memories) and medical records and expert reports can take time to obtain.
In addition, pursuing interim payments early on in the case can help to alleviate financial hardship and facilitate immediate rehabilitation, ensuring you receive the necessary support.
If the time limit expires before you start your claim, the Court will usually refuse to hear your case and it will likely be statute barred or struck out, meaning that you will lose the right to compensation.
How can Moore Barlow help?
If you believe you might have a claim and wish to discuss this further, please contact our specialist Personal Injury Team on 0800 157 7611 or using claim@moorebarlow.com. We are able to offer a no-obligation, free initial consultation and will be able to assess whether your claim is valid and still within the relevant time limits.
