If you’ve suffered a serious injury and are thinking about pursuing a legal claim, it’s crucial to understand the time limits involved. In the England and Wales, personal injury claims are subject to strict deadlines. Missing these could mean losing your right to claim compensation altogether, regardless of how strong your case may be.

The standard time limit: Three years

In most personal injury cases, you have three years from the date of the injury to begin court proceedings. This is known as the limitation period. If the injury wasn’t immediately apparent—for example, if symptoms emerged later—you may have three years from the “date of knowledge,” when you first realised your injury was linked to someone else’s negligence.

It’s important to note that this doesn’t mean your case has to be resolved within three years—just that legal proceedings must be started within that time frame.

Exceptions to the rule

There are several important exceptions to the three-year rule:

1. Children
   If the injured person was under 18 at the time of the incident, the three-year time limit doesn’t begin until their 18th birthday. This means they can start a claim any time before turning 21.
2. Lack of mental capacity
   If the injured person lacks mental capacity (e.g. due to a brain injury), there is no time limit as long as they remain incapable of managing their own affairs. If they regain capacity, the three-year clock starts at that point.
3. Unprovoked assaults

If the injuries were sustained as the result of an unprovoked assault, claims are brought via the Criminal Injuries Compensation Scheme, which has a 2-year time limit to make an application.

• Injury sustained on an airplane or boat

If injuries were sustained on an airplane or boat/ship,  including boarding and disembarkation, the time limit is generally 2- years.

Don’t delay

Although three years may sound like a long time, serious injury cases require extensive evidence gathering, medical assessments, and expert input. Delays can make it harder to obtain accurate medical records, witness statements, or proof of financial loss.

Starting a claim also opens up opportunities for interim payments to cover urgent needs like rehabilitation or specialist care while the case progresses.

How to protect your right to claim

The best way to stay within the legal time limits is to speak to a specialist lawyer as soon as possible after your injury. They can assess your case, gather early evidence, and make sure deadlines are met.

Contact us

Missing a deadline could mean missing out on vital compensation for your recovery and future care. If you’ve suffered a serious injury, don’t delay—get legal advice early to protect your rights and secure the support you need.  Contact us via email, hello@majortraumagroup.co.uk, or call 0330 311 2578 for a free no obligation chat with a specialist lawyer.