What Is The Limitation Period?

You normally have 3 years from the date of the incident or the date you became aware of the negligence to start a claim for compensation. This is known as the limitation period, but there are circumstances in which the 3-year window is suspended. Moreover, the time limit can vary depending on the type of claim being made. We understand that you may have questions, but our advisors are here to answer them and explain how to claim.

Key Takeaways

  • Personal injury, medical negligence, criminal injury, and data breach claims must be filed within the applicable limitation period.
  • For example, a personal injury claim typically needs to be started within 3 years of an accident.
  • Your claim does not have to be settled within 3 years, as the time limit only applies to when the process of seeking compensation must begin.
  • The standard 3-year time limit may not apply if someone is either too young (under the age of 18) or mentally incapacitated to claim for themselves.
  • A specialist solicitor from our panel could ensure you file your claim in time and help gather evidence to build the strongest case possible.

To start the claims process or find out more about how long you have to claim, contact our team of advisors now and get answers to any queries you might have.

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What Is The Limitation Period For My Claim?

The limitation period for starting your claim may depend on the type of case, but it is generally 3 years from the date of the incident. This specific timeframe is set by the Limitation Act 1980 and may be counted from:

  • The date of the incident (an accident or act of medical negligence).
  • The date of knowledge, which may apply in cases of medical negligence and fatal accidents. This is the point when you first became reasonably aware of the negligence.

The limitation period governs when a claim must be filed to prevent it from being ‘time-barred.’ Essentially, this means that the time in which a claim for compensation can be brought has passed.

If you’re at all unsure about the limitation period and how it might apply to your claim, please don’t hesitate to reach out. Our advisors are here to help and can determine whether you have enough time to file your claim.

A person has slipped and fallen down icy stairs.

Are There Any Exceptions To The Limitation Period?

Yes, exceptions to the limitation period can apply to those who are too young (under 18) or mentally incapacitated to make a claim independently. These exceptions mean that the standard 3-year time limit does not take effect unless certain conditions are met, and only from the date these are satisfied.

The Limitation Act 1980 sets out when the personal injury claim time limit may begin and end for these 2 groups of claimants:

    • For minors, the time limit does not come into effect until they turn 18. That means the 3-year time limit runs up to a claimant’s 21st birthday.
    • The standard time limit only applies to adults with reduced mental capacity who make a recovery. In this event, the 3 years would be counted from the point at which capacity returns.

Both groups can still pursue compensation during the time limit pause if another adult steps in to act on their behalf as a litigation friend. Our advisory team can provide further explanation and outline the process for claiming on behalf of someone else.

What Is The Time Limit For Fatal Accident Claims?

The time limit for fatal accident claims is normally 3 years, applying from the date of death or the date of knowledge (the point at which it is realised that someone’s passing was the result of a third party’s negligent actions). For fatal accident claims, the date of knowledge may mean that the time limit commences from:

  • When a post-mortem is held.
  • When an inquest reveals the cause of death.

Besides the specific time limit, it is also important to note that the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) allows only the deceased’s estate to make a claim within the first 6 months of the death. The estate can seek compensation for the deceased’s pain, suffering, and financial loss and can also make a claim on behalf of eligible relatives.

Once the 6-month window has expired, qualifying relatives can pursue compensation for how a loved one’s death has impacted them if the estate hasn’t already claimed on their behalf. This is made possible by the Fatal Accidents Act 1976 (FAA).

If your loved one sustained a fatal injury in an accident which was not their fault, our empathetic advisors are here to provide carefully considered guidance. They can also sensitively review the circumstances of what happened to determine if there are grounds to claim compensation.

A person has suffered a serious injury at work.

What Is The Time Limit For Medical Negligence Claims?

The time limit for medical negligence claims is also 3 years, usually from the date on which a patient suffered unnecessarily due to substandard care. However, there are circumstances where it may not be immediately apparent that a medical professional has avoidably harmed a patient.

In such cases, the limitation period may be counted from the date the patient realised (or reasonably could have realised) that the harm they suffered was due to negligent care or treatment. This ‘date of knowledge’ ensures that patients can still claim compensation in cases where the unnecessary harm they’ve suffered is only discovered at a later point.

As with personal injury claims, the medical negligence time limit can be paused for minors and those with reduced mental capacity. For further information on this, please refer to our earlier section on exceptions.

You can also learn more about the medical negligence time limit by reading our dedicated guide or by contacting one of our helpful advisors.

How Long Do I Have To Make A Criminal Injury Claim?

Generally, you have 2 years to make a criminal injury claim if you pursue compensation via the government-funded Criminal Injuries Compensation Authority (CICA). This agency is tasked with awarding compensation to victims of violent crime who meet specific eligibility requirements and cannot make a civil claim against an individual perpetrator or a vicariously liable party, like an employer.

The CICA usually requires claims to be made within 2 years of the crime. By contrast, civil claims made directly against the perpetrator or another third party will fall under the standard 3-year limitation period.

While the CICA strictly enforces its time limit, the agency may consider whether there are exceptional circumstances that warrant a claim being made outside the 2-year window. Moreover, special provisions are made for claimants who were under 18 at the time of an incident:

  • Claimants who made a report to the police when they were under 18 have 2 years to file an application. This begins when they turn 18 and ends on their 20th birthday.
  • Claimants who didn’t file a report must file an application within 2 years of first notifying the police on or after their 18th birthday.

If you or a loved one has been the victim of a crime, a solicitor from our panel could help you pursue compensation through the CICA. Please contact our advisors to find out more.

Does The Time Limit Change For A Data Breach?

Yes, the time limit does change for a data breach claim, as it is typically up to 6 years. While this may seem like a significant amount of time, it is still often best to begin a claim as soon as possible. In particular, taking early action can ensure that the evidence you need to support your claim is more likely to be complete and accurate.

Contact an advisor today to learn about the data breach limitation period and determine if you have sufficient time to claim. If you have an eligible case, you could quickly be connected with an expert data breach solicitor from our panel.

Will My Claim Need To Settle Within The Three-Year Period?

No, you will not need to settle your claim within the 3-year period, as the limitation period only applies to when you should begin pursuing compensation and not to when a case must be concluded. Generally, how long a claim takes to settle will depend on case-specific factors, such as:

  • The availability of evidence and the level of proof required to support a claim.
  • Whether there is uncertainty about the prognosis or ongoing treatment is required; this may mean it takes longer to obtain a clear picture of the injuries sustained.
  • Whether the defendant (the party you are claiming against) accepts liability for your injuries.
  • Disagreements between the involved parties over the compensation settlement.

Our advisors recognise that you may want more information about how these factors can influence when a claim is settled. For free, no-obligation guidance, please don’t hesitate to get in touch and find the answers you’re looking for.

How Public Interest Lawyers Can Help You

Public Interest Lawyers can help you with your claim by offering free, personalised guidance from the moment you speak with one of our advisors. If they determine you have a case, you can be connected with one of the No Win No Fee solicitors from our panel.

All of the solicitors who make up our panel tailor the services they provide to meet the individual needs of every client. They believe no client should ever feel unheard or unsupported, meaning you can expect your solicitor to:

  • Take the time to understand your case and what is needed to build a strong claim.
  • Provide clear explanations about the claims process, ensuring you aren’t left feeling lost or confused at any stage.
  • Transparent communication and regular updates to keep you at the heart of what is happening with your claim.
  • Develop a care plan to aid your recovery and connect you with rehabilitation specialists.
  • Represent you in all correspondence and negotiations with expertise and professionalism.

Our panel of solicitors offer these benefits via a Conditional Fee Agreement (CFA), which means:

  • No upfront service fees for the solicitor to get started with your claim.
  • No service fees to pay for the solicitor’s work at any other stage of the claim.
  • No service fees at all if the claim doesn’t win.

Instead, your solicitor will charge a success fee if they secure compensation on your behalf. This fee is calculated as a percentage of the compensation that is capped by law.

Contact Our Advisors

To find out more about the limitation period and how long you may have left to claim, contact our advisors now via the following options:

A solicitor explains the personal injury claim time limit to a client.

More Information

Please check our other guides to get more information about the different types of compensation claims you could make with one of the dedicated solicitors making up our panel:

Some references:

You can learn more about the limitation period by chatting with our friendly advisory team at any time during the week.