Personal injury claim time limit FAQs

Does contacting a solicitor or insurer stop the three-year time limit?

No. Simply contacting a solicitor, notifying an insurer or beginning negotiations should not be assumed to stop the limitation period from running. Reporting an accident to an employer, business, local authority or another organisation does not usually stop it either.

This means someone should not wait until shortly before the three-year anniversary of their accident to seek advice. Time may be needed to investigate what happened, identify who may be responsible and take the necessary legal steps before the deadline expires.

What if I didn’t realise how serious my injury was straight away?

Discovering later that an injury is more serious than first thought does not normally restart the three-year period following a straightforward accident.

For example, someone might injure their knee in a fall and initially expect it to improve, only to discover several months later that they need surgery. The development of the injury can be considered as part of the claim, but they should not assume they now have another three years from the date they discovered how serious it was.

Someone does not need to know their final prognosis before seeking legal advice. Medical evidence can be obtained during the claim to understand their recovery and any long-term effects.

What is the date of knowledge?

In some personal injury claims, the three-year time limit may start later than the date of the accident or event that caused the injury. This later date is known as the date of knowledge.

Put simply, the date of knowledge is generally the date when you knew, or could reasonably have been expected to know, that you had suffered a significant injury and that someone else’s actions or failure to act may have caused or contributed to it.

For example, you might be injured in an accident but not realise until later that you have suffered a significant injury or that it may have been caused by someone else’s negligence. In these circumstances, the three-year time limit may start from the later date when you became aware, or should reasonably have become aware, of these important facts.

The date of knowledge does not simply mean the date you found out that you could make a personal injury claim or the date you first spoke to a solicitor. There is a specific legal test that must be applied, so the circumstances of each case need to be considered carefully.

I didn’t report the accident when it happened. Can I still make a claim?

Potentially, yes. Failing to report an accident immediately does not automatically prevent someone from making a personal injury claim.

However, reporting what happened can create useful evidence. Depending on the accident, this could include an entry in a workplace accident book, a report to a shop or venue, or notifying a local authority about a highway defect.

Other evidence may still be available if no report was made, but seeking advice early can make it easier to establish what happened.

Are the time limits different for children?

Yes. Where someone is injured before their 18th birthday, the usual three-year limitation period generally does not begin whilst they are a child.

A suitable adult can bring a claim on their behalf before they turn 18 by acting as their litigation friend. If no claim is made during childhood, the three-year period will generally begin on their 18th birthday, meaning they would normally have until their 21st birthday to start court proceedings.

For example, someone injured in an accident when they were 12 who did not make a claim as a child could generally still bring their own claim after turning 18, provided proceedings are started within the applicable time limit.

What if the injured person lacks mental capacity?

Different rules can also apply where someone lacks the mental capacity to conduct legal proceedings. Depending on the circumstances, the usual limitation period may not run whilst they lack the required capacity.

There is no need to wait to see whether the person regains capacity before seeking advice. An appropriate person may be able to act as a litigation friend and bring a claim on their behalf.

Capacity and limitation can involve complex legal questions, so the individual circumstances need to be considered carefully.

I was a passenger and both drivers blame each other. Does the deadline wait until fault is decided?

No. A dispute about who caused an accident does not normally stop the limitation period whilst responsibility is being investigated.

For example, if a passenger is injured when two vehicles collide and each driver blames the other, evidence can be gathered to establish what happened and responsibility may ultimately rest with one or both drivers. The passenger does not need to work out who was responsible before seeking legal advice.

This principle can apply more widely where several people or organisations may potentially be responsible for an accident.

I was injured at a festival and the site was dismantled the next day. Can I still make a claim?

Potentially. Temporary locations can make preserving evidence particularly important.

If someone was injured because temporary seating collapsed, for example, the structure could be dismantled and removed within hours of the event ending. Evidence might instead need to come from photographs, videos, witnesses, event records and information held by organisers or contractors.

The same issue can arise where a pothole is repaired, a shop changes its layout or a hazard is removed after an accident. Although the legal deadline may still be some time away, the evidence needed to establish what happened may not remain available indefinitely.

My employer has gone out of business since my accident. Can I still claim?

Potentially. An employer ceasing to trade does not automatically mean that a personal injury claim can no longer be made.

Depending on the circumstances, it may be possible to identify the Employers’ Liability insurer that provided cover at the time of the accident. Historic insurance information may therefore become important when investigating the claim.

These cases can take additional time to investigate, which is another reason to seek advice well before the limitation deadline.

I was working through an agency when I was injured. Who does the time limit apply to?

The usual limitation rules may still apply, but identifying who may be responsible can be more complicated.

An agency worker could be supplied by one business whilst working at premises controlled by another, and other contractors may also be involved. It may therefore be necessary to investigate who was responsible for the premises, equipment, training or work that led to the accident.

Someone does not need to identify the correct defendant themselves before seeking advice. Importantly, the time spent establishing who may be legally responsible does not mean the limitation period should be ignored.

What if I was partly responsible for the accident?

Being partly responsible does not necessarily prevent someone from making a personal injury claim or change the usual limitation period.

Where their actions contributed to the accident or made their injuries worse, this may amount to contributory negligence. If contributory negligence is established, compensation can be reduced to reflect their share of responsibility.

Someone should therefore not assume that being partly at fault means they cannot claim.

Can I still claim if the three-year deadline has passed?

Possibly. Under section 33 of the Limitation Act 1980, the court has discretion in some personal injury cases to allow a claim to proceed after the usual limitation period has expired.

This is not an automatic extension. The court considers a range of circumstances, including the length and reasons for the delay, its effect on the available evidence and whether it remains possible for the parties to have a fair trial.

Anyone who believes the deadline has passed should therefore seek legal advice as soon as possible. They should not assume that a claim is definitely impossible, but equally should not rely on the court allowing a late claim to proceed.

I only have a few weeks left before the three-year deadline. Is it too late?

Not necessarily, but someone in this position should seek advice immediately.

Contacting a solicitor does not itself start court proceedings or stop the limitation period. Before the deadline, there may be work needed to identify the correct defendant, understand the circumstances and take the necessary legal steps to protect the claim.

A solicitor may not always be able to take on a claim at extremely short notice, so it is much better to seek advice well before the deadline wherever possible.

How we may be able to help

If someone has been injured in an accident and is unsure how long they have to make a personal injury claim, seeking advice early can help establish the relevant deadline and avoid unnecessary delays.

We offer a free, no-obligation claims assessment to understand what happened and explain how we may be able to help. No Win, No Fee funding may also be available, subject to the circumstances of the claim.

Call us today on  0800 260 5010 or request a callback to speak to our team.