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.
Time is running — act now. If you are unsure whether your time limit has passed or is approaching, contact us immediately for a free assessment. We can talk through your claim and tell you where you stand.
You may be entitled to significant compensation.
Get a free, confidential assessment from our personal injury team.
The Standard Rule: Three Years
For most personal injury claims in England and Wales, the limitation period is three years from the later of:
- The date on which the accident or incident occurred, or
- The date of knowledge — the date on which you first knew, or reasonably ought to have known, that you had suffered a significant injury that was attributable (at least in part) to the act or omission of the defendant.
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.
Exceptions to the Three-Year Rule
Claims Involving Children (Under 18)
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.
Lack of Mental Capacity
If someone lacked mental capacity when the injury happened, the three years do not start until they regain it. If they lose capacity later, the time limit keeps running, so act quickly. 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.
Fatal Accident Claims
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.
Road Traffic Accidents Involving Uninsured or Untraced Drivers
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 Against Public Authorities
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.
What Happens When the Limitation Period Expires?
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.
Summary Table — Limitation Periods at a Glance
| 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 | does not start while the person lacks capacity from the date of injury | Runs from recovery, if any |
| Fatal accident claims | 3 years from death or date of knowledge | Two separate causes of action may arise |
Speak to a specialist solicitor today
Free, confidential, no obligation
Frequently Asked Questions
Can I still claim if I only just found out that my injury was caused by negligence?
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.
Does the three years include the time to prepare and submit the claim, or just to issue proceedings?
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.
If I was injured at work and have only just left the employer, does my time limit change?
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.
Thinking about a claim? Read about Personal injury claims and how No Win No Fee works, or send us your enquiry.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.