If you want to claim compensation for an injury or illness under personal injury law, you have to take legal action within the relevant time period.

If you don’t move in this time, you could be prevented from making a claim altogether.

In this guide, you can find all the essential information you need to ensure you take legal action in time.

What Is The Personal Injury Claim Time Limit?

The personal injury claim time limit is 3 years from the date of the accident.

This means if you slip and fall in a supermarket on 13th November 2024, you’ll have until 13th November 2027 to issue court proceedings.

If you don’t take legal action by this point in time, your claim will become time-barred, meaning you can’t pursue compensation.

These rules are set out in the Limitation Act 1980.

Are There Any Exceptions To The Time Limit?

In some cases, it’s possible to argue that the personal injury claim time limit does not apply and that an exception should be made.

This is often the case when it comes to claimants who lack the mental capacity to represent themselves. This capacity could have been lost during the accident that caused the injuries.

In these instances, the time limit is frozen until the person recovers the ability to make decisions for themselves.

Section 33 of the Limitation Act also sets out some other exceptions which can be argued in certain cases. For example, it might be possible to justify the delay if you had a good reason for not taking action sooner.

An argument can also be made that the delay has not prejudiced the defendant in investigating the claim. In other words, the time difference has made no impact on the defendant.

What Is The Time Limit For People Under The Age Of 18?

If you’re under the age of 18, it’s possible to make a compensation claim. However, the rules are a little different.

By law, a person under 18 cannot represent themselves. Instead, the time limit is frozen until they turn 18, or come of age. It then runs from their 18th birthday until their 21st birthday.

A claim can be made before you turn 18. However, you must have a person you trust appointed as a litigation friend to act on your behalf.

What Is The Time Limit In Industrial Disease Claims?

Industrial diseases such as noise-induced hearing loss, vibration white finger and asbestos-related illnesses like mesothelioma also fall under personal injury law.

However, given the nature of how these conditions develop, the time limit that applies is different.

Instead of running from a specific date, the time limit begins when you obtain knowledge that your health problems could be caused by your job. This is known as the date of knowledge.

So, for example, if you worked in a noisy factory without hearing protection for forty years, retired, and began to notice problems with your hearing, your date of knowledge would form around the time you went to the doctor to get this checked out.

It could also form at the point you begin to wonder whether your condition was caused by your job.

It’s a trickier time limit to nail down so it’s always best to get legal advice.

Can I Still Claim If I’m Outside The Time Limit?

Yes you can still claim if you’re outside of the personal injury claim time limit provided that you meet some of the exceptions outlined above.

If you do not meet these exceptions, you will be prevented from claiming compensation.

What Should I Do If My Time Period Is Nearly Over?

If your time period is nearly up, we recommend seeking legal advice as soon as possible. It’s important to give your solicitor enough time to investigate the case. By delaying they’re less likely to take a chance representing you as in many personal injury claims, they act on a No Win No Fee basis. This means if they feel the case has a good chance of losing, they won’t take it on.

If you have any other questions, get in touch, or head to our blog to read more legal guides.