If you have suffered an injury due to someone else’s negligence, you may be entitled to claim compensation. However, there is a strict time limit for making a personal injury claim in England and Wales and failure to act within this timeframe could mean losing your right to compensation.
In this post, we’ll explain the time limits for personal injury claims and any exceptions that may apply.
What Is the Time Limit for Making a Personal Injury Claim?
In England and Wales, the general time limit for making a personal injury claim is three years from the date of the accident or injury. This means you must either settle your claim or issue court proceedings within this period. Stallard Solicitors Liverpool specialise in personal injury claims on a no win, no fee basis, contact us for any advice.
This three-year rule applies to most types of personal injury claims, including:
• Road traffic accidents
• Workplace injuries
• Slips, trips, and falls
• Medical negligence claims
If you don’t start your claim within three years, you will usually be barred from pursuing compensation, unless one of the exceptions below applies:
Claims Involving Children
If the injured party was under 18 years old at the time of the accident, the three-year time limit does not start immediately. Instead, it begins on their 18th birthday, meaning they have until they turn 21 to make a claim.
Before they turn 18, a parent or guardian can make a claim on their behalf as a “litigation friend.” If no claim is made before they turn 18, the injured individual can make a claim themselves once they become a legal adult.
Claims for Those Who Lack Mental Capacity
If the injured person lacks the mental capacity to handle their own legal affairs—due to a brain injury, cognitive disability, or other medical condition—there is no time limit for making a claim.
However, if they later regain mental capacity (e.g., they recover from a temporary brain injury), the three-year time limit will start from the date they are deemed capable of managing their legal affairs.
Fatal Injury Claims
If a personal injury results in death, the three-year time limit begins from the date of death rather than the date of the accident. The deceased person’s family or estate representatives can pursue a claim on their behalf.
If the cause of death is only discovered later—such as in cases of medical negligence—the three-year period may start from the date the cause was identified.
Industrial Disease & Delayed Symptoms
For injuries or illnesses that develop over time, such as asbestos-related diseases (e.g., mesothelioma), hearing loss, or repetitive strain injuries, the three-year limit starts from the date the condition was diagnosed or when the injured person became aware that their illness was linked to their work or exposure.
This is known as the “date of knowledge” rule, which ensures that people suffering from conditions with delayed symptoms still have an opportunity to seek compensation.
Criminal Injury Claims
If your injury resulted from a violent crime (such as an assault), you may be eligible to claim through the Criminal Injuries Compensation Authority (CICA). However, CICA claims have a much shorter time limit of two years from the date of the incident.
Accidents which occur on a Ship or Plane
If your accident occurred on a ship or an airplane then you only have two years to make the claim.
Conclusion
If you’ve been injured due to someone else’s negligence, don’t delay seeking legal advice especially if any of the above apply. Call Stallard Solicitors Liverpool for any advice,
