Personal Injury Claim Time Limit
How long do I have to make a personal injury claim?
Call 020 7485 8811 to speak with a specialist today.
“Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”
“Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases. “
The time limit for making a personal injury claim is governed by the Limitation Act 1980. In most cases, claimants have three years to begin legal proceedings — but when that period starts, and whether any exceptions apply, depends on the circumstances of your case.
Understanding the rules clearly can make the difference between a valid claim and one that is time-barred. This guide sets out what you need to know.
How Long Do You Have to Make a Personal Injury Claim?
The standard personal injury claim deadline is three years. That period does not always begin on the date of the accident itself. The three-year clock starts from whichever is the later of:
- The date of the accident or incident, or
- The date of knowledge — the date you first knew, or reasonably should have known, that your injury was significant and linked to someone else’s fault
The date of knowledge rule is particularly relevant for conditions that develop gradually. If you were exposed to asbestos at work 20 years ago and have only recently been diagnosed with mesothelioma, your three years would run from the date of diagnosis — not the date of exposure.
Exceptions to the Three-Year Personal Injury Time Limit
The three-year rule is not absolute. Several important exceptions apply depending on the circumstances of your claim.
Claims Involving Children
If the injured person was under 18 at the time of the accident, the three-year limitation period does not begin until their 18th birthday. A child injured at any age therefore has until their 21st birthday to start a claim.
A parent or guardian can bring a claim on behalf of a child before that date. In most cases, it is advisable to do so promptly while evidence remains available.
Mental Incapacity
Where an injured person lacks the mental capacity to manage their own legal affairs — for example, following a severe brain injury or due to a pre-existing condition — the limitation period does not run while they remain incapacitated. The three-year clock only begins if and when capacity is regained.
Fatal Accidents
Where an injury results in death, the three-year limitation period runs from whichever is the later of: the date of death, or the date on which a dependant — a spouse, civil partner, parent, or child who relied on the deceased financially — first became aware that the death was caused by a third party’s negligence.
Industrial Disease and Occupational Illness
For conditions such as mesothelioma, asbestosis, noise-induced hearing loss, and vibration white finger, symptoms may only emerge years or decades after the original workplace exposure. The three-year limitation period runs from the date of knowledge — when you first became aware, or should reasonably have become aware, that your illness was caused by your work. This is one of the more technically complex areas of limitation law and specialist advice should be sought as early as possible.
Criminal Injuries Compensation Authority (CICA) Claims
If you were injured as a victim of violent crime, you may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA). This is a separate scheme from civil personal injury litigation and operates under different rules:
- Applications must be made within two years of the incident — a shorter window than standard personal injury claims
- Late applications can sometimes be accepted where there is good reason for the delay, but this is not guaranteed
- A CICA claim does not prevent you from also pursuing a civil claim against the perpetrator
Accidents Abroad
If you were injured outside the UK, the limitation rules of the country where the accident occurred may apply rather than the Limitation Act 1980. Some countries have significantly shorter deadlines — in France and Germany, for example, limitation periods can be as short as two years. Since Brexit, EU rules no longer apply automatically in UK courts for cross-border claims. If you were injured abroad, it is important to seek legal advice promptly and not to assume that the UK three-year rule applies. Find out more about claiming for accidents abroad.
Why You Should Act Promptly, Even Within the Time Limit
Having time remaining does not mean that delay is without consequence. Acting promptly gives your claim the best possible foundation:
- Evidence is preserved: CCTV footage is routinely overwritten within days or weeks. Accident reports can be lost and physical evidence can disappear.
- Witnesses are easier to trace: recollections are clearer and contact details are more likely to be current.
- Medical evidence carries more weight: records made close to the accident are generally more persuasive.
- The other side will begin investigating early: insurers and their solicitors will start building their position as soon as they are aware of a potential claim.
We recommend seeking legal advice as soon as possible after an accident, even where you are uncertain whether you have a claim worth pursuing.
What Happens If You Miss the Limitation Deadline?
In most cases, a claim issued after the limitation period has expired will be struck out by the court. The defendant need only raise the limitation defence for the claim to fail, regardless of its merits.
Courts do have a discretion under Section 33 of the Limitation Act 1980 to allow a late claim to proceed, but this is exercised sparingly and cannot be relied upon. The factors a court will consider include:
- The length of the delay and the reasons for it
- The extent to which the evidence has been affected by the delay
- The conduct of the defendant, including their response to any early notification of the claim
- The prejudice caused to each party if the claim is or is not allowed to proceed
If your limitation date is approaching, contact us as soon as possible. Our solicitors can act quickly to issue protective proceedings and preserve your right to claim while the full investigation continues.
Can Osbornes Law Help If Time Is Running Out?
Yes. If your limitation date is imminent, our solicitors can move quickly to protect your position. In some circumstances, we may also be able to assist where a deadline has already passed — the position is not always straightforward and it is worth taking advice before assuming a claim is lost.
We act on a no win, no fee basis for the personal injury claims we take on, meaning you pay nothing unless your case is successful.
To find out whether your claim is still within time, contact our personal injury team:
- Call us on 020 7485 8811
- Fill in our online enquiry form
We offer a free, no-obligation initial consultation to discuss your case.
Personal Injury Claim Time Limit: FAQs
How long do I have to make a personal injury claim?
In most cases, three years from the date of your accident or from the date you first became aware that your injury was caused by someone else’s negligence. There are exceptions for children, people who lack mental capacity, CICA claims, and accidents abroad.
When does the three-year clock start?
It starts from whichever is later: the date of the accident, or the date you first knew — or should reasonably have known — that your injury was significant and attributable to a third party’s negligence.
Can I still claim if the accident happened years ago?
It depends on when it happened and the nature of the claim. For gradual-onset conditions such as industrial disease or occupational illness, the limitation period runs from the date of knowledge rather than the date of exposure. Contact us to discuss your specific circumstances.
What if I was injured as a child?
The three-year period does not begin until your 18th birthday, giving you until your 21st birthday to bring a claim. A parent or guardian can also bring a claim on your behalf before then.
Can the court extend the time limit?
Courts have a discretion under Section 33 of the Limitation Act 1980 to allow a late claim in limited circumstances, but this is exercised sparingly and should not be relied upon. It is always preferable to act within time.
Does no win, no fee apply to time-sensitive claims?
Yes. Where we accept a claim on a no win, no fee basis, this applies regardless of how urgent the circumstances are. We can also move quickly to issue protective proceedings where a limitation date is imminent.
What is the time limit for a CICA claim?
Applications to the Criminal Injuries Compensation Authority must generally be made within two years of the incident. Late applications can sometimes be accepted where there is good reason for the delay, but this cannot be guaranteed.
Does the three-year rule apply to claims against the NHS?
Yes. Clinical negligence claims against NHS trusts or private healthcare providers are subject to the same three-year limitation period under the Limitation Act 1980. The date of knowledge rules apply equally: if you only became aware recently that your injury or illness was caused by medical negligence, the three years runs from that point.
What if my solicitor missed the limitation deadline?
If a previous solicitor failed to issue your claim before the limitation period expired, you may have a professional negligence claim against that firm. You would need to demonstrate that their failure caused you to lose a viable claim. These cases require specialist advice and you should seek it promptly.
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Personal Injury Accreditations
Rob Aylott is adept at handling sensitive and complex catastrophic injury claims.
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work.
Osbornes has a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe injuries regarding the brain and spinal cord.
Osbornes have expert leadership. They are very client-centred and provide great communication.
They have got a team of strong partners who are experienced and capable, and their lawyers have a can-do attitude and don't seem to be fazed by anything.
They grasp complex and sophisticated matters quickly.
From partners to associates, the lawyers are committed to ensuring a successful outcome for every client.
They have intelligent, experienced lawyers who advise their clients very carefully.
Osbornes deal with their clients in a very professional manner, attempting to get the best results at all times.
Sam Collard, head of cycling, specialises in severe injury and fatal accident cases.
Rob Aylott leads on amputation disputes, often working with major trauma units.
Department head Sophie Davies handles severe injury and fatality matters with a focus on early rehabilitation.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases.
Excellent firm with a good insight into and prosecution of catastrophic PI work handled by an experienced team.
Without doubt, Osbornes are the firm to watch in London.
This team is growing in profile all the time. The firm now has many of London's leading personal injury solicitors.
The file handlers I have worked with are experienced and expert personal injury practitioners who can be relied upon to achieve excellent outcomes for the client.
They are very supportive of their clients and are willing to take on difficult cases.
This team is very well organised and approach their cases with great attention to detail.
They have particular expertise in dealing with Eastern European clients who speak little or no English as they have native speakers within their team.
Osbornes is a excellent firm for high value and complex personal injury work.
Osbornes Law is a really strong team with a lot of depth.
Osbornes work professionally as a team, responding diligently to emails or telephone calls.
Osbornes fields a solid team of high quality practitioners, active in a range of catastrophic injury claims.
Osbornes clients are individuals whose cases are treated with the focus required when dealing with life changing injuries.
Fielding a ‘first class, very well resourced’ team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims, representing both domestic and international claimants.
Osbornes is an excellent firm, made up of lawyers with flair and pedigree.
Osbornes lawyers are smart, well trained, experienced and well managed.
Osbornes personal injury practice is first class; very well resourced and second to none.
Osbornes is becoming one of the top players in the claimant personal injury market. A large team with a great number of very high quality solicitors.
Osbornes is a highly proficient serious injury firm. They bring all the benefits of the biggest firms in the market but none of the downsides.
Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients from partner level to paralegal. Their client care is exceptional.
They are a team who are highly respected in the PI sector.
This is an excellent PI team doing a broad range of PI work.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
