In most cases, you have three years to make a personal injury claim in the UK, either from the date of the accident, or from the date you first realised your injury was connected to it. This time limit is set out in the Limitation Act 1980, and it applies to most road traffic accidents, workplace injuries, and public liability claims.
| Situation | When the clock starts | Time limit |
|---|---|---|
| Most injury claims | The date of the accident | 3 years |
| An injury you connected to the accident later | Your date of knowledge, when you first knew the injury was significant and linked to someone else's actions | 3 years |
| A child injured under 18 | Their eighteenth birthday | 3 years, so until they turn 21 |
| Someone who lacks the mental capacity to claim | It does not start while they lack capacity | No deadline while that continues |
| Flights and some cross-border transport | The date of the accident | 2 years |
In more detail
What if I didn't realise I was injured straight away?
The three year period doesn't always start on the day of the accident. If an injury only became apparent later, for example, a condition linked to repeated workplace strain, the clock generally starts from your "date of knowledge," when you first knew, or reasonably should have known, that your injury was significant and connected to someone else's actions.
Does the time limit work differently for children?
Yes. If the injured person was under 18 at the time of the accident, the three year limitation period doesn't start running until their eighteenth birthday. This means a parent or guardian can bring a claim on a child's behalf at any point before then, and the child themselves has until they turn 21 to bring a claim personally.
What happens if the time limit passes?
Once the limitation period expires, the right to bring a court claim is generally lost, so it's important not to delay if you think you might have a claim. There are limited exceptions where a court has discretion to allow a late claim, but this isn't something to rely on.
Are there any situations with a shorter time limit?
Yes. Claims related to certain international travel, such as accidents on flights or some cross-border transport, can carry a two year limit rather than three, under different legislation. If your accident happened outside the UK or on an international flight, it's worth checking your position quickly.