What Is The Personal Injury Claims Time Limit?

As set out in the Limitation Act 1980, the personal injury claims time limit is three years. This could start from two dates; either the:

  • Date the accident took place.
  • Date you obtained knowledge that someone’s breach of duty contributed to or caused your injuries.

For example, in cases of industrial hearing loss, the time would start from the date you obtained enough knowledge that your employer’s failings at least contributed to your hearing loss.

However, some special cases may not follow the same time limit. Firstly, if you were under 18 at the time of the accident, the time limit won’t start till your 18th birthday.

Alternatively, a parent, guardian or solicitor could claim for you as a litigation friend.

Secondly, the three years will be suspended for those who lack the mental capacity to claim themselves. The time limit will only begin from the date of recovery. However, if there is no recovery, the three years will stay frozen. Again, a litigation friend can act on behalf of someone who has lost their capacity.

Check out more of our personal injury claims guides below: