Here’s a closer look at what may be included in a personal injury claim, and how long you generally have to bring one.
The Short Answer
A personal injury claim isn’t limited to compensation for the injury itself. Depending on your circumstances, you may also be able to claim for loss of earnings and special damages (out-of-pocket costs linked to the injury). You generally have three years from when you became aware of your injuries to start a claim, though for children, that three-year period doesn’t begin until their 18th birthday.
What Can Be Included in a Personal Injury Claim?
It’s a common misconception that a personal injury claim begins and ends with compensation for the injury itself. Every case is assessed on its own facts, so what’s recoverable will vary, but alongside injury compensation, you may also be entitled to claim for:
- Loss of earnings: if your injury has affected your ability to work, whether through time off or reduced capacity.
- Special damages: out-of-pocket financial losses directly linked to the injury, such as medical costs, travel to appointments, or damaged property.
“Now, each case varies. However, alongside your injury claim, you may be able to claim for loss of earnings and special damages.” From the video, 0:08
You can read more about personal injury claims on our personal injury claims service page.
Why This Varies Case to Case
Because no two injuries or their financial impact are identical, the exact heads of loss available in your claim depend on the specific evidence you’re able to put forward. This is why an early, thorough assessment of your circumstances matters, so that nothing you’re entitled to claim for gets missed.
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How Long Do You Have to Make a Claim?
Once you know you have a potential claim, time matters. In England & Wales, the standard rule is that you have three years to bring a personal injury claim, though exactly when that clock starts can depend on your circumstances.
“Typically, you have a three-year time limit from when you become aware of your injuries. However, this doesn’t apply to children where there’s a time limit that starts from their 18th birthday, providing they’re aware of their injuries.” From the video, 0:17
The Exception for Children
Where the injured person is a child, the standard three-year period doesn’t start running on the date of the injury. Instead, it begins on their 18th birthday, provided they’re aware of the injury by that point, meaning a claim can generally still be brought up until their 21st birthday.
For a broader look at the claims process, see our How Personal Injury Claims Work guide.
Why It’s Worth Checking Sooner Rather Than Later
Even where the three-year limit feels distant, working out what you may be eligible to claim for, and confirming your own deadline, is best done as early as possible. Evidence for lost earnings and other losses is easier to gather while records and documentation are still readily available.
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Frequently Asked Questions
Potentially, yes. Depending on your case, you may be able to claim for loss of earnings and special damages, in addition to compensation for the injury itself. Every case is assessed individually, so what’s recoverable will depend on your specific circumstances.
Special damages are out-of-pocket financial losses that are directly linked to your injury, such as medical expenses, travel costs to appointments, or damaged belongings.
Typically, you have three years from when you became aware of your injuries to start a claim. This time limit can vary depending on the circumstances of your case.
No. For children, the three-year period doesn’t start until their 18th birthday, provided they’re aware of their injuries at that point, meaning a claim can generally still be brought up until they turn 21.
Because every case varies, the best way to understand what you may be eligible to claim for is to have your specific circumstances assessed. Our team offers a free, no-obligation consultation to talk through your options.
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Conclusion
A personal injury claim can cover more ground than many people expect, and knowing what may be included, alongside your time limit to act, puts you in a stronger position from the outset. If you’re unsure where you stand, getting a clear answer early is the sensible first step.