If you were involved in an accident that wasn’t your fault, you could make a claim for compensation. There is a personal injury claim time limit in which cases should be started. Our guide covers all of the relevant information regarding this time limit, including how long it is and any exceptions to it.
If you want to find out whether you are eligible to make a personal injury claim, contact our advisors today by:
- Calling on 0800 408 7825.
- Clicking on the live chat option.
- Contacting us via our online form.
Jump To A Section
- The Usual Time Limit On Personal Injury Claims
- When Does The Time Limit Change?
- My Claim Time Limit Is Almost Up – What Should I Do?
- How Public Interest Lawyers Can Help You Claim
- More Information
The Usual Time Limit On Personal Injury Claims
A personal injury claim is when you have been hurt psychologically or physically in an incident that was not your fault. This could be via an accident at work, an accident in a public place, or a road traffic accident.
Under the Limitation Act 1980, the personal injury time limit for claims is three years. This limitation period begins either on the date of the accident or the date of knowledge if different (more information below). You do not need to conclude your claim by this time, but it needs to start before then.
Check If You’re In Time To Make A Claim With Our Tool
If you want to check if you’re in time to make a claim, why not use our free checker tool below? All you need to do is enter the date of the accident and it’ll give you a quick answer.
There are several circumstances where the usual three year time limit does not apply, so let us look at these now.
Incidents Involving A Minor
A minor (someone under the age of 18) cannot start their own claim and must wait until their 18th birthday. At this point, they have three years to start a claim, thus extending the timeframe in which to make a case for compensaiton.
However, often, a claim is started before the child turns 18. This is done by appointing a litigation friend. This person will act on behalf of the claimant and make decisions for them during the claims process.
A litigation friend can be chosen by the claimant but must be a suitable adult who is approved by the court. Sometimes, the court will assign a litigation friend. If the claimant turns 18 during the claims process, a litigation friend is no longer needed, and the injured person can conduct their own claim as an adult.
Claiming After Regaining The Mental Capacity To Do So
Another exception is if a claimant lacks the mental capacity to pursue a claim independently. If a claimant is deemed to lack mental capacity, there is no personal injury time limit for making a claim. However, if the claimant recovers their mental capacity, the usual three-year limit will apply from the date that their capacity is regained.
Similar to cases involving minors, a litigation friend can be appointed to bring a personal injury claim on behalf of someone who lacks capacity.
Understanding Date Of Knowledge
As mentioned, the personal injury time limit of three years applies from either the date of your accident or the date of knowledge. The date of knowledge is the date you became aware of your injuries or suffered negligence. For example, if you were in an accident and felt fine initially but later developed symptoms that were proven to be because of the accident, the diagnosis date would be your date of knowledge.
Incidents Involving A Fatality
Per the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA), the estate of the deceased can claim compensation for the pain and suffering the deceased endured. The estate can bring forward an exclusive claim within six months of the deceased’s death.
If no claim is made on their behalf by the estate, dependents of the deceased can pursue a claim for the impact the death has had on them under the Fatal Accidents Act 1976 (FAA). Like the personal injury time limit, you have three years to claim, which most often begins from the date of death, but it could be the date of an inquest that established the cause of death.
Claiming Through The CICA
If you are the victim of a violent crime, you can likely claim through the CICA (Criminal Injuries Compensation Authority). There is a different time limit for doing this because this is a different route to compensation.
When claiming through the CICA, you have two years from the date you reported the crime to make a claim. As with the personal injury claim time limit, there are some exceptions to this limitation period. Our advisors can help you further if you need.
Incidents That Happened In Another Country
If you suffered an injury abroad and are seeking compensation, you may think the time limit is the same as the regular personal injury claim time limit – that is, three years. However, depending on the circumstances and in which country the accident occurred, this may not be the case.
If you were on a package holiday booked in the UK, then it could be that the three year time limit applies. In certain circumstances, if you are injured abroad on holiday, the time limit local to that country will apply.
Different countries have different laws regarding personal injury time limits. Our advisors can assist you in finding out whether you are within the time limit to claim for an accident that happened out of the UK.
My Claim Time Limit Is Almost Up – What Should I Do?
If the exceptions do not apply to you and you’re almost out of time, you should take steps to obtain legal advice as soon as possible. Our panel’s expert personal injury solicitors could help you, so phone for a free eligibility check to see if you are still in time to claim. If so, our advisors could connect you with a solicitor immediately.
How Public Interest Lawyers Can Help You Claim
Our highly experienced panel of solicitors will assist you in every step of claiming compensation for a personal injury case, including:
- Gathering various types of evidence.
- Explaining legal jargon clearly and concisely.
- Explaining compensation payouts.
- Answering any questions you might have during the claims process.
- Handling all court proceedings.
Not only are our panel experts in personal injury claims, but they also operate on a No Win No Fee basis. Alternatively known as a Conditional Fee Agreement, this type of agreement means you only pay solicitor’s fees if you are successful in claiming compensation. If your case is unsuccessful, you do not need to pay for the work that they have done.
More Information
You can use the tool below to estimate the injury compensation your case could include if you made your claim on time.
The personal injury claim time limit can be confusing, but we hope this guide has given you the information you need. Get in contact today to see if you can go ahead with claiming compensation by:
- Calling on 0800 408 7825.
- Clicking on the live chat option.
- Contacting us via our online form.
The links below could also be helpful when making a personal injury claim from our site:
- See how to claim compensation for a fatal accident of a loved one.
- Learn how to make a public liability claim.
- This guide discusses construction injury claims.
Here are some external resources.
- CitizensAdvice.org.uk – find out more information about personal injury claims.
- LegalOmbudsman.org.uk – discover what to consider before making a personal injury claim.
- GOV.UK – see how to request CCTV footage of yourself.
Thank you for considering our guide about the personal injury claim time limit.
