One of the most common reasons people don't pursue a valid claim is the belief that 'it was too long ago'. In many cases, that belief is wrong — the law's time limits are more generous than people expect, and the 'date of knowledge' rule means the clock often starts far later than the event itself.
One of the most common reasons people don't pursue a valid claim is the belief that 'it was too long ago'. In many cases, that belief is wrong — the law's time limits are more generous than people expect, and the 'date of knowledge' rule means the clock often starts far later than the event itself.
This guide is the definitive summary of UK personal injury time limits. It covers every significant scenario — road traffic, accidents at work, medical negligence, industrial disease, criminal injuries, children, fatal accidents, and product liability — in plain English, with the exact statutory source cited.
Short version: the standard deadline is three years, but it's easier than you think to still be in time even for old events. Read on — or, if you're worried yours is close to the line, skip straight to the free claim check.
The headline rule — three years
For almost every personal injury claim in England, Wales and Northern Ireland, the standard time limit is three years. The source is section 11 of the Limitation Act 1980. In Scotland the same three-year rule applies under section 17 of the Prescription and Limitation (Scotland) Act 1973.
'Time limit' in this context means the date by which court proceedings must be issued — not the date by which the claim must be settled, paid out, or even fully investigated. Most claims never see court at all (around 95% settle before any hearing), but the three-year deadline still governs when the claim form has to be filed at court if negotiations haven't resolved things.
The 'date of knowledge' rule — often the clock starts much later than the event
The three-year clock under the Limitation Act 1980 runs from the later of:
- The date of the accident or injury, OR
The 'date of knowledge' rule is why industrial disease, clinical negligence and historical exposure cases remain claimable decades after the triggering event. A few real-world examples:
- A retired welder diagnosed with mesothelioma in 2025 has his 'date of knowledge' in 2025 - his three-year clock starts then, even if his asbestos exposure was in the 1970s.
In practical terms, if you've been told recently that an injury or condition was caused by someone else's negligence, the three-year clock almost certainly hasn't expired yet.
Every major time limit - at a glance
Standard personal injury - 3 years
Road traffic accidents, accidents at work, accidents in public places, accidents on holiday in the UK. Three years from the accident or date of knowledge. Section 11 Limitation Act 1980. See road traffic accidents, work accident claims, public liability claims.
Medical negligence - 3 years
Three years from the negligent treatment or the date of knowledge. The date-of-knowledge rule is especially important because many patients only realise the treatment was negligent after a later diagnosis. Section 11 and 14 Limitation Act 1980. See medical negligence.
Industrial disease - 3 years from date of knowledge
Asbestos-related diseases, NIHL, HAVS, occupational dermatitis, occupational cancers. Three years from the date you first knew the condition was linked to work - often many years after the exposure. See industrial disease.
Criminal injuries (CICA) - 2 years from the incident
The Criminal Injuries Compensation Scheme 2012 has a shorter deadline than civil claims - two years from the date of the violent crime (or, for a child, from their 18th birthday). The CICA has discretion to extend in exceptional circumstances, and the 'exceptional circumstances' test is narrower than the Limitation Act s.33 discretion. See criminal injury claims.
Children - until age 21
For any claim in which the claimant was under 18 at the date of the injury, the three-year Limitation Act clock is suspended until the child's 18th birthday. They then have until age 21 to bring the claim. A parent or guardian can act as 'litigation friend' to pursue the claim on the child's behalf before they turn 18 - and in serious cases the parent almost always does, because waiting 18 years to start the claim loses evidence. See claiming on behalf of a child.
Protected parties (mental capacity) - no time limit while capacity is absent
Where the injured person lacks mental capacity within the meaning of the Mental Capacity Act 2005, the Limitation Act 1980 is suspended indefinitely for as long as capacity is absent. If capacity is later recovered, the three-year clock starts then. This is particularly important in brain injury, birth injury and severe mental health cases.
Fatal accidents - 3 years from death (or earlier date of knowledge)
Where the injury caused death, claims by the estate (under the Law Reform (Miscellaneous Provisions) Act 1934) and dependents (under the Fatal Accidents Act 1976) must be brought within three years of death - or three years from the date the claimant first knew the death was attributable to the defendant's act or omission. Section 11(5) Limitation Act 1980.
Product liability - 3 years, with a 10-year long-stop
Claims under the Consumer Protection Act 1987 (for injuries caused by defective products - medicines, medical devices, household goods, vehicles) are subject to both a 3-year limitation from date of knowledge AND an absolute 10-year long-stop from the date the product was put into circulation. After 10 years, the CPA 1987 claim is barred regardless of knowledge. Section 11A Limitation Act 1980 and s.5(5) Consumer Protection Act 1987.
Holiday accidents abroad - depends on the route
For package holidays booked with a UK tour operator, claims under the Package Travel and Linked Travel Arrangements Regulations 2018 follow the standard three-year English-law rule. For independent bookings abroad, the foreign country's law often applies - and limitation periods can be much shorter (sometimes as little as 1-2 years). Act quickly. See holiday accidents.
Scotland - 3 years prescription
The Prescription and Limitation (Scotland) Act 1973 applies a three-year prescription period for personal injury claims, running from the accident or date of knowledge. Scottish law has its own court discretion to extend under s.19A. Scotland's treatment of children and protected parties is broadly similar.
Abuse claims - 3 years from the date of knowledge
Following A v Hoare [2008] UKHL 6, historic abuse claims are treated as personal injury claims under s.11 rather than as intentional trespass. The three-year clock runs from the date of knowledge, and the s.33 discretion to extend applies.
If you're out of time - section 33 discretion
Section 33 of the Limitation Act 1980 gives the court a discretionary power to disapply the three-year limit where 'it would be equitable' to do so. The court weighs:
- The length of and reasons for the delay.
Section 33 extensions are occasionally granted - particularly in abuse claims, industrial disease, and severe injury cases where the claimant has been incapacitated. They are rarely granted in run-of-the-mill delayed commercial claims. Cain v Francis [2008] EWCA Civ 1451 remains a leading guidance case. Don't rely on s.33 as a plan - get started quickly if you think you might be at the edge.
Why you shouldn't cut it fine - evidence
Even if you're technically in time, old claims are harder to run:
- Witnesses move, forget, and sometimes die.
The best claims are built from evidence captured close to the event. If your claim has been on hold for any reason - 'I didn't know who to talk to', 'I was recovering', 'I didn't think it was worth it' - the longer you wait, the weaker the claim gets, even if you're still technically in time.
