Here’s the full picture behind this week’s explainer, including how medical negligence claims differ from other claim types, and what “date of knowledge” actually means.
The Short Answer
The limitation period governs how long you have to pursue a claim. For road traffic accidents, accidents at work, or accidents in the street, it’s typically three years from the date of the accident and injury. For medical negligence claims, it’s three years from the date you became aware of both the injury and the negligence, known as the “date of knowledge,” which can be later than the date of the incident itself. The main exception applies if you were under 18 at the time: a claim may be pursued on your behalf through a litigation friend, or you have three years from your 18th birthday to bring the claim yourself.
What Governs How Long You Have to Claim?
The limitation period is the legal term for the window of time within which a claim needs to be brought.
“It’s the limitation period for a claim that governs the period of time that you have to pursue a claim.”
You can read more about how Personal Injury Claims work on our Personal Injury Claims Service Page.
Road Traffic Accidents, Workplace and Street Accidents
For most personal injury claims, the standard limitation period is straightforward.
“If you are in a road traffic accident, or you have an accident at work or in the street, it’s likely to be a three-year period that you’d have to pursue your claim. So it’s three years from the date of the accident and the injury.”
Medical Negligence Claims: Date of Knowledge
Medical negligence claims can work slightly differently, because it isn’t always immediately obvious that something has gone wrong.
“In a medical negligence claim, it can sometimes be slightly different, and it may be that the date on which you become aware you’ve suffered injury and there has been negligence may be later. It may not be straight away that you become aware of both of those things, and this is what we call date of knowledge.”
In these cases, the three-year clock runs from the date of knowledge rather than necessarily the date of the incident itself.
“In a medical negligence claim, it can sometimes be slightly different, and it may be that the date on which you become aware you’ve suffered injury and there has been negligence may be later. It may not be straight away that you become aware of both of those things, and this is what we call date of knowledge.”
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The Exception for Under-18s
Across both types of claim, the same key exception applies where the person affected was a child at the time.
“The main exception from both of those is if you are under 18 at the time, and in those circumstances, you may be able to pursue a claim through a litigation friend in the first instance, or in the alternative, you do have three years from the date on which you turn 18 to pursue a claim.”
For a broader look at the claims process, see our How Personal Injury Claims Work guide
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Frequently Asked Questions
Typically three years from the date of the accident and injury, for claims such as road traffic accidents, workplace accidents, or accidents in the street.
It’s still three years, but the clock runs from the “date of knowledge”, when you became aware of both the injury and the negligence, which can be later than the date of the incident itself.
A claim may be pursued on your behalf through a litigation friend, or you have three years from your 18th birthday to bring the claim yourself.
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Conclusion
Time limits vary depending on the type of claim, and medical negligence cases in particular can be easy to misjudge if you’re not aware of the “date of knowledge” rule. Whatever your circumstances, it’s worth confirming your deadline sooner rather than later.
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.