LEGAL GUIDE · ENGLAND & WALES
Missing the deadline to make a personal injury claim is one of the most avoidable — and irreversible — mistakes an injured person can make. In England and Wales, the courts are extremely strict about limitation periods. Once your time runs out, you lose your right to claim almost permanently, regardless of how strong your case might have been.
The rules are set out in the Limitation Act 1980, and while the standard three-year limit applies to most claims, there are a number of important exceptions that could either extend your time or — in some cases — significantly shorten it. This guide covers every scenario.
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For most personal injury claims in England and Wales, the limitation period is three years from the later of:
The date of knowledge rule is particularly important for conditions that develop gradually — industrial diseases, chemical exposure injuries or injuries whose cause only became apparent later. In those cases, the clock starts running from when you became aware, not when the initial exposure happened.
Where the injured person was under 18 at the time of the accident, the three-year limitation period does not begin to run until their 18th birthday. This means they have until their 21st birthday to issue proceedings. A claim can be made on their behalf at any time before they turn 18 by a litigation friend (usually a parent or guardian) — and acting early is almost always in the child’s best interests.
Where the injured person lacks the mental capacity to manage their own legal affairs (within the meaning of the Mental Capacity Act 2005), the limitation period is suspended indefinitely for as long as that incapacity continues. If capacity is later recovered, the three-year period begins running from that point. If capacity is never recovered, the claim can be brought at any time on their behalf by a litigation friend or deputy.
Where a person dies as a result of another’s negligence, two types of claim may arise: an estate claim (under the Law Reform (Miscellaneous Provisions) Act 1934) and a dependency claim (under the Fatal Accidents Act 1976). Both must generally be brought within three years of the date of death, or — where the deceased did not know during their lifetime that they had a cause of action — within three years of the date of knowledge of the personal representative or dependant.
Claims through the Motor Insurers’ Bureau (MIB) follow special procedural rules and strict notification deadlines that sit alongside the standard limitation period. For claims against untraced drivers (hit-and-run accidents), an application to the MIB must be made within three years of the date of the accident, but there are additional steps that must be taken promptly — including police reporting requirements.
Claims to the Criminal Injuries Compensation Authority are subject to a two-year time limit from the date of the criminal incident — not three years. This is a stricter and shorter deadline. The CICA does have discretion to accept late applications in exceptional circumstances, but this is not guaranteed. If you have been the victim of a violent crime, seek legal advice promptly.
Claims under the Human Rights Act 1998 against public bodies have a one-year time limit. Claims arising from the use of a public authority’s motor vehicle generally follow standard PI rules, but specialist advice should be sought.
Once a limitation period has expired, proceedings should not be issued. If they are, the defendant will apply to strike out the claim and will almost certainly succeed. Courts have a discretion under Section 33 of the Limitation Act 1980 to allow late claims in personal injury cases where it is equitable to do so — but this is exercised sparingly and is not a reliable safety net. The factors the court considers include the length of the delay, the reasons for it, the impact on the defendant and the strength of the evidence.
Do not rely on Section 33 discretion. Act within your limitation period.
| Claim Type | Standard Time Limit | Key Notes |
|---|---|---|
| Standard personal injury (adult) | 3 years from accident or date of knowledge | Most common rule |
| Child injury claim | Until age 21 | 3-year clock begins on 18th birthday |
| Mental incapacity | Suspended during incapacity | Runs from recovery, if any |
| Fatal accident claims | 3 years from death or date of knowledge | Two separate causes of action may arise |
| Criminal injuries (CICA) | 2 years from incident | Stricter — seek advice immediately |
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Possibly yes — this is exactly what the date of knowledge rule is designed for. If you only recently discovered that your injury was attributable to someone else’s fault, your three-year period may only just have started. Take legal advice immediately to assess your position.
You must formally issue court proceedings before the limitation period expires — not just instruct a solicitor or send a letter. Issuing proceedings is a specific step that your solicitor takes by filing a claim form at court. In practice, you should instruct a solicitor well in advance of the deadline to allow time for investigation, evidence gathering and pre-action steps.
No. The limitation period runs from the date of the accident or date of knowledge — not from when you changed jobs or left employment. Many people wrongly wait until they have left an employer before claiming, losing valuable time in the process.
This article is for general information purposes only and does not constitute legal advice. It applies to the law of England and Wales as at June 2026 under the Limitation Act 1980. Time limits are subject to the specific facts of each case. Contact NJS Law for advice on your individual circumstances.
For a full overview of personal injury claims, including eligibility, compensation ranges and the claims process, see NJS Law’s personal injury claims service page.
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