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Before starting your claim, it is vital that you know whether you are still within the limitation period. For personal injury compensation claims, it is typically 3 years, so you can be reassured that you have the time to prioritise your health, seek medical attention and rest and recover before making a start on your claim. However, different types of claims, such as criminal injuries and injuries that were sustained whilst you were abroad, may have different time limits. Additionally, there are some exceptions to these limits. It is therefore important that you know the limitation period that is specific to your circumstances to ensure that your claim does not become barred and therefore dismissed.
Our advisors are on hand 24/7 to answer any of your questions, assess your eligibility to make a claim and determine whether you are within these limitations to get one started. If you meet the eligibility criteria, they could connect you to one of the specialist solicitors on our panel. Our panel offer their services on a No Win No Fee basis. You can also check out our jargon-busting legal glossary to familiarise yourself with terms that you may come across while thinking about starting a compensation claim.
Select A Section
- What Is The Limitation Period For Personal Injury Claims?
- Claim Time Limits For Children
- Time Limits For Claims On Behalf Of Someone With Mental Incapacity
- How Long After A Fatal Accident Can A Claim Be Brought?
- What Is The Criminal Injury Limitation Period?
- Time Limits Personal Injuries Whilst Abroad
- Aviation Injury Limitation Period
- Shipping Accident Claims Time Limit
- Time Limit For Defective Product Claims
- What If A Claim Is Made Outside Of The Limitation Period?
- Why Is It Important To Make A Personal Injury Claim Early?
- How Legal Helpline Can Assist Your Compensation Claim
- Learn More
What is The Limitation Period For Personal Injury Claims?
The general time limit to make a personal injury claim is 3 years, which begins from the date that the incident occurred and the injury was sustained. This is governed by the Limitation Act 1980 and is strict with only a few specific exceptions. Therefore, once you have fully recovered and you are in the best state of mind to make your claim, it is important to get proceedings underway.
To make a start with your personal injury claim and meet these time limits, make a call to one of our advisors today!
Claim Time Limits For Children
A child cannot bring a claim until their 18th birthday, which is when the 3-year time limit will begin. If a minor is 17 at the time the accident occurred, they may not mind waiting until they turn 18 to bring their own claim. However, if a third party’s actions or inactions cause a child to suffer harm or an injury, especially at a younger age, the courts can appoint a litigation friend to manage the claim for them. This can be a responsible parent or guardian who the child trusts to bring their claim. Our dedicated guide to child claims explains more about making a claim on behalf of a minor.
Time Limits For Claims On Behalf Of Someone With Mental Incapacity
It would be unfair to give the same time limit for compensation claims to those who lack the mental capacity to manage the claims process; there is no limitation period in these circumstances. Rather, a litigation friend can be appointed to make their claim. This should be someone that they trust, such as a parent, who is expected to act with the victim’s best interest at heart and keep them updated with their claim and the process.
If the victim regains mental capacity, the general time limit of 3 years will commence from the day that their capacity was restored. So, for example, your accident may have caused you to go into a coma, which takes you six months to wake up from. The 3-year time limit will begin from the day that you regain consciousness.
Speak to an advisor to learn more about how litigation friends can help children and those with mental incapacity claim compensation.
How Long After A Fatal Accident Can A Claim Be Brought?
In the tragic event that a fatal accident has occurred as a result of someone else’s negligence, the 3-year time limit will begin from the date of the death or from the date of knowledge (this is the date that the death could be connected to negligence, such as following an inquest).
The estate of the deceased has the first six months after they were made aware of the death to make their claim. This claim will compensate for the deceased’s pain and suffering from the accident before their death. The estate’s claim will also include compensation for any financial losses suffered by the loved one’s estate. The estate can also claim on behalf of the dependants of the deceased, including their children and anyone who viewed them as a parent, such as step-children and other relatives.
If the estate has not made this claim within the first 6 months of the deceased’s death, their dependents can bring a claim to compensate for their bereavement. This will include compensation for the impact that this loss has had on their lives, both financially (such as the deceased’s share of mortgage payments and household expenses), funeral costs and the loss of a special person.
What is the Criminal Injury Limitation Period?
How long you have to make a criminal injury claim will depend on the avenue in which you pursue compensation. There are two ways that a criminal injury compensation claim can be made, both of which have differing time limits.
The first way to make a criminal injury claim is by seeking compensation through the Criminal Injuries Compensation Authority (CICA). The CICA is a government-funded organisation that compensates those who have suffered a criminal injury in Great Britain. The time limit to claim compensation for a criminal injury this way is generally 2 years, commencing from the day that the incident took place. This, again, does not begin for minors until the day that they turn 18.
Criminal injury claims can also be made by directly claiming against the perpetrator. It is possible to claim compensation this way when the criminal has been caught, sentenced, and you know that they have the finances to compensate you for the injury that they caused. The time limit for claiming compensation through this route is 3 years and generally begins from the day that the incident occurred. This also applies if you are claiming against a vicariously liable party.
One of our advisors can discuss your criminal injury and advise on the best route for you to seek compensation.
Time Limits Personal Injuries Whilst Abroad
Depending on where your accident took place, the time limits for when you can bring a personal injury claim for an accident that happened while you were abroad may differ. This depends on the laws and regulations within the country where your accident took place. Some factors that affect the limitation period for accidents abroad include:
- Where the accident happened
- The nationality and the residence of the person who was injured
- Whether it was a package holiday in which the accident and negligence occurred
If you were on a package holiday and you were injured due to the negligence of the hotel or transfer company, for example, you may be eligible to claim against the tour operator, provided that they are a UK-based company. In this case, the general 3-year limitation period will apply.
Some examples of accidents that can occur abroad which you may be compensated for include:
- Hotel accidents
- Food poisoning
- Excursion accidents (provided they were part of your holiday package)
Our dedicated guide to holiday accidents abroad provides a wealth of information that you might find useful.
If you have any questions about the time limit that you have to make a claim for an accident that happened while you were on holiday abroad, our advisors are on hand to help.
Aviation Injury Limitation Period
Any injury sustained whilst on an aircraft has a 2-year time limit to make a claim beginning from the date that the accident occurred. This is governed by the Montreal Convention 1999, which allows anyone to bring a claim for compensation if they suffered certain injuries while on an aircraft. This can be during the journey, when boarding the aircraft or when disembarking it.
Want to learn more about how much time you have left to make your claim for an accident that happened on an aviation vehicle? Get in touch with one of our advisors today.
Shipping Accident Claims Time Limit
Negligence may have occurred on a boat or ship and now you’re wondering how long you have to make a claim for an accident that happened at sea. Accidents such as slip, trips and falls due to poorly maintained ship decks or a lack of lifeguards on duty on cruise liners are common on ships. The Athens Convention 1974 imposes a 2-year time limit starting from the date that the accident took place on board the ship and this allows you to be awarded compensation for any physical injuries as well as damage to luggage.
These time limits are strict so ensure that you get in touch with an advisor as soon as possible to start your claim within the limitation period.
Time Limit for Defective Product Claims
You have 6 years to claim for a defective product. This starts from the date that you knew the item was faulty, or would have been expected to know.
However, if you were injured by a faulty product, then the 3-year personal injury claim limitation period applies if you would like to seek compensation for that injury. For example, you may have bought an electrical appliance that has given you a shock and damaged your heart. It is on the date on which the injury occurred that the time limit starts.
Please speak to an advisor about defective product injury and faulty item claims.
What If A Claim is Made Outside of the Limitation Period?
Generally, if someone tries to make a claim outside of the limitation period, the courts will rule it as ‘statute barred’ or time barred and the claim will not be allowed to go ahead. However, there are certain factors that the courts may consider to allow the claim to move forward outside of the time limits:
- What were the reasons for the delay?
- How long was the delay?
- Is there still enough evidence? e.g. whether witnesses can still be contacted
- Is the defendant being cooperative after the delay?
If you are unsure as to whether you can still make a claim because you have missed the limitation period, our advisors are on hand to help.
Why is it Important To Make A Personal Injury Claim Early?
Making your claim as soon as possible is important because it means that your evidence will be fresh and reliable. Witnesses will be easier to contact and photographs or video evidence of the scene will give a more accurate representation of what the scene looked like when you were injured.
All of your records that will act as evidence will also be up to date and accurate. This includes your medical records and anything reported in an accident book. The longer that it is left to report and update these records, the more likely you are to forget vital details and information which could cost you the success of your case.
Of course, it is also important to start your claim early to ensure that you meet the legal deadline of 3 years. This limitation period may seem like a long time but it can pass by quickly, and you do not want to risk missing the deadline and your claim being dismissed.
So, to ensure that you are in the best possible position to make your claim, get in touch today!
How Legal Helpline Can Assist Your Compensation Claim
Legal Helpline can assist with your compensation claim in various ways. Firstly, when you contact an advisor, they will assess whether you are still within the limitation period for that particular type of claim or if an exception applies. Additionally, if you choose to move forward with your claim with our panel of solicitors, they will ensure that the claim is filed within the time limit.
Our panel of solicitors provide a No Win No Fee service using a type of contract known as a Conditional Fee Agreement (CFA). This means that you will not need to pay upfront solicitors’ fees before starting your claim or during the process. You will also not have to pay any solicitors’ fees if your claim is unsuccessful. However, if your claim is successful, your solicitor will take a small percentage of your compensation, known as a ‘success fee’. This percentage is legally capped, so the fee that they take from your compensation will always be a fair amount.
Our panel of solicitors at legal helpline want to make the claims process as simple and stress-free as possible for you. Some of the ways our panel can support eligible claimants includes:
- Providing a bespoke service from start to finish.
- Ensuring that your medical needs are met by connecting you to any recovery specialists, such as a physical therapist, that you may not be able to access otherwise.
- Helping gather evidence.
- Making sure that your claim is filed on time.
- Ensuring that any court-appointed deadlines are adhered to.
Our advisors will assess your eligibility and confirm that you are within the time limits. They can also connect you to a highly skilled and knowledgeable solicitor from our panel. They are available 24/7 to answer any questions and queries that you may have.
Contact Our Team of Advisors To Begin:
- tel: 0333 000 0729
- Use our live chat function!
- Fill out our contact form and an advisor will get back to you promptly.
Learn More
More guides that may be of use to you:
- Learn about how to claim compensation if you have been injured by defective equipment at work
- Here’s more information about No Win, No Fee Agreements
- Frequently asked questions about medical negligence claims.
Here are some useful websites:
- Read more about how to get copies of your medical records
- Useful information about how to recover CCTV footage from the government.
- Advice on statutory sick pay after you have suffered a personal injury on the government website.
Thank you for reading about the limitation period for different types of compensation claims.