In this guide, we will focus on answering the question, ‘What is the time limit for personal injury claims?’. If you have been injured as a direct result of negligence, then you may have grounds to claim compensation. However, you may have important questions to ask, such as how long you have to start a claim.

There is a time limit for personal injury claims. Furthermore, there are situations in which exceptions to these limits can apply. In the next sections of this guide, we’ll go into more detail about the time limit for claims. We’ll also look at when they can differ and how to get the process of claiming started. 

If you would like to speak to an advisor at any point, you can contact our advisors. They can provide free legal advice, and if you have a valid personal injury claim, they could potentially connect you with a solicitor from our panel.

Select A Section

1. What Is The Time Limit For Personal Injury Claims?
2. Can Exceptions Apply To The Standard Time Limit For Personal Injury Claims?
3. The Steps To Take If You Have Time To Claim
4. No Win No Fee Agreements For Personal Injury Claims

What Is The Time Limit For Personal Injury Claims?

There is a standard time limit that generally applies to personal injury claims. Under a piece of legislation known as the Limitation Act 1980, the standard time limit for starting an injury claim is three years. This time limit usually starts from the date of the incident that caused the injuries for which you want to claim.

If it has been more than three years since the incident you’re considering claiming for, your case could be “statute-barred”. However, you can contact our advisors if you are unsure about this.

Once you have begun the process of claiming, the time limit is no longer a concern. This is because it applies to starting a claim, and there’s no requirement for the claim to be settled in this time. 

The safest thing to do is to begin the process of starting your claim as soon as you can. This is because there are aspects of the claims process (for example, collecting evidence) that could become more difficult as time passes. 

Can Exceptions Apply To The Standard Time Limit For Personal Injury Claims?

In certain circumstances, the limitation period for making a claim can vary. If you’re looking to make a personal injury claim for an injury or illness which you were not aware of immediately, then the starting point for the three-year time limit will be the ‘date of knowledge’. This is the date you connected, or would have been expected to have connected, negligence to the cause of your injuries. 

Some illnesses or injuries may not be diagnosed straight away. For example, if you may have experienced mesothelioma as a result of exposure to asbestos. It may be difficult or impossible to identify the date that you were harmed by the exposure, so the time limit for claiming would run from the date of knowledge. This could be the date of diagnosis. 

Under certain conditions, the time that an injured person has to start a personal injury claim can vary. For example, if a child is injured due to negligence, then the time limit for claiming is suspended temporarily. It does not begin again until their 18th birthday. At this point, they will have until the day of their 21st birthday to start their own personal injury claim, provided one has not already been made.

A child cannot start a personal injury claim on their own behalf. However, a representative acting in their interests, such as a parent or guardian, may be able to start a claim on their behalf before they turn 18 by acting as a litigation friend. You can contact our team today if you would like more advice on this matter.

Another circumstance where the time limit for personal injury claims may be affected is when the victim lacks the mental capacity to claim on their own behalf. If this factor applies, then the usual three-year time limit for starting a claim does not apply unless they become able to pursue a claim. Like with children, a claim could be made on behalf of the victim by a litigation friend while the time limit is frozen.

The Steps To Take If You Have Time To Claim

If you’ve established that you still have sufficient time to start a claim, then you may be wondering how to begin. Your first priority after sustaining injuries should be to get the medical attention you need. You can also start gathering evidence that can support your potential claim.

The evidence that may be available to support your claim will depend on the factors specific to your case. Potential options for evidence may include:

• Contact details and statements from witnesses.
• A medical report from the hospital that treated your injuries.
• Photographic evidence showing the accident scene plus your injuries.
• Any video footage of the incident. Relevant CCTV footage or dashcam footage could be used if available.

Another option to consider in the claim process is hiring a personal injury solicitor. We would recommend hiring a solicitor who has experience handling the type of claim you wish to make. This is something that our advisors here at Personal Injury Lawyers UK may be able to assist you with arranging. An experienced solicitor can use their knowledge to guide you through the next stages of the claim process.

No Win No Fee Agreements For Personal Injury Claims

A solicitor may offer to take a No Win No Fee agreement. Specifically, you could be offered a form of this agreement called a Conditional Fee Agreement. This generally means that:

• It usually isn’t a requirement for you to pay your solicitor any fees upfront or during the process of your personal injury claim. 
• If your case is not a success, then you usually won’t need to pay your solicitor’s legal fees.
• If you do win your case, then your solicitor will take a small and legally capped percentage from the compensation you receive. 

If you have any questions about No Win No Fee solicitors or the time limit for personal injury claims, please get in touch with Personal Injury Lawyers UK for free legal advice.

You can also check out some of our other guides on working with personal injury lawyers below:

• A guide to the personal injury claims process
• The eligibility criteria for personal injury claims