If you are considering making a personal injury after an accident that wasn't your fault, it is vital to take into account the limitation period. This is a strict time limit that applies to all types of personal injury cases in the UK, within which you must begin the claims process. If you do not, you may lose your right to make a claim and recover compensation for your injuries.

The standard personal injury claim time limit is three years from the date that your accident occurred, although it is not always simple and straightforward and several key exceptions exist. As such, you may believe that you have missed the limitation period, or think that you have plenty of time to begin the claims process, but without expert legal advice it can be difficult to know.

You should speak to a personal injury specialist solicitor at JMW at your earliest opportunity for free legal advice about your eligibility to claim compensation and any time limits that apply. Not only are there exceptions to the time limit, it is sometimes possible to make claims outside the three-year period for valid reasons. On the other hand, some accidents that happen abroad may have a much shorter time limit based on the other country's laws, and certain types of incident require you to start legal action on a much shorter deadline.

Here, the experienced personal injury solicitors at JMW outline the relevant personal injury claim time limits and exceptions, and answer frequently asked questions about reasonable grounds for making a personal injury claim after the limitation period has passed.

What Is the Time Limit for a Personal Injury Compensation Claim?

In England and Wales, the Limitation Act 1980 states that the legal time limit for bringing a personal injury claim is three years from the date of an injury that was not your fault. This doesn't mean that the process needs to be wrapped up within three years, but only that paperwork stating your intention to seek compensation through court proceedings must be submitted before this date.

The limitation period does not always begin on the date of your accident. If you did not immediately realise that you had been injured, or that someone else’s negligence caused your injuries, the three-year time limit may begin from the date of knowledge. This is defined as the date when you knew (or reasonably ought to have known) the injury was caused by the accident you experienced, which means that the person responsible for the accident is legally liable for the injury.

This clarification is important in cases such as industrial disease claims, where certain diseases may not present with symptoms until many years later, but can be tied clearly to workplace exposure to harmful chemicals or situations. For example, claims for asbestos-related diseases can occur at a much later date than three years after the person was exposed to asbestos in the workplace.

Are There Different Time Limits to Claim Compensation in Some Cases?

While the time limit of three years from the date of knowledge or the date of an accident is the standard time limit, there are a few exceptions and key circumstances where claims may be made outside this limitation period. These include claims involving:

Children

When a child is injured, there is no time limit for them to make a claim while they are under the age of 18. While they cannot make a claim for themselves, a litigation friend (usually a family member or other close loved one) can claim compensation on their behalf at any time. When the child turns 18, the limitation period begins. This means that they have until they turn 21 years old to claim compensation on their own behalf.

Someone who lacks mental capacity

If someone lacks or loses the mental capacity to make decisions for themselves, there may be no time limit applied to their right to make a compensation claim. In these cases, the time limit will begin if they regain capacity but, if they do not, no time limit will usually be applied, and a litigation friend can start a personal injury claim on the person's behalf at any time.

The Criminal Injuries Compensation Authority (CICA)

If you cannot identify the person responsible for your accident - for example, because they drove away from the scene of a road traffic accident - you may still be able to make a personal injury claim through the Criminal Injuries Compensation Authority. CICA has different time limits from the standard limitation period outlined by the law. In most cases, to claim compensation for a standard violent crime through CICA, you have two years from the date of the incident or, in some cases, the date that the crime was reported to the police.

Claims abroad

If you are injured while on holiday or travelling abroad, the circumstances and the country's laws will determine the time limits for a claim. If you are injured on an international flight, the Montreal Convention 1999 governs your ability to claim compensation. The time limit to bring a claim is two years and the cut-off is strict, meaning that courts generally have no discretion to extend it. If proceedings are not issued within the two years, the right to claim may be lost entirely.

For claims overseas, various time limits could apply, depending on whether you were travelling as part of a package holiday or not. Speak to the team at JMW as soon as possible after an accident for advice on whether any time limits apply and, if you are seeking compensation more than one year after your injury, to learn whether you are time-barred from making a claim.

Can the Time Limit Be Extended?

In rare cases, the personal injury claim time limit may be extended beyond the statutory three-year limitation period. This is done at the court's discretion, and demands strong evidence for why you did not or could not have claimed within the limitation period. For example, if you were receiving medical treatment during this time, did not receive a diagnosis during the initial three years, or the full extent of your injuries was not properly understood at the time, the deadline for a compensation claim may be extended by the court.

After the limitation period expires, the claim is said to be statute-barred and in most cases, it is no longer possible to pursue compensation. However, the experts at JMW can offer free advice on whether you are eligible to claim for an injury caused by someone else's negligence based on your specific circumstances. We typically support claims on a no win, no fee basis, which means there are no legal fees to pay if your claim is unsuccessful. We can help you recover compensation for your pain, suffering and financial losses related to your injury.