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How Long Do You Have to Make a Personal Injury Claim in England and Wales?

  • sarahhitchengibbon
  • Jun 10
  • 2 min read

Updated: Jun 17


If you've suffered an injury due to someone else’s negligence, it’s natural to feel overwhelmed — especially when dealing with recovery, time off work, and financial stress. But one thing you shouldn’t delay is seeking legal advice. Personal injury claims in the UK are subject to strict time limits — and missing a deadline could mean losing the right to claim altogether.

At SHG Law, we’re here to help you understand the process, including how long you have to take action.


🕒 What’s the Time Limit to Make a Personal Injury Claim?

In most cases, you have 3 years from the date of the accident to start a claim. This is known as the limitation period under the Limitation Act 1980.

But there are important exceptions — and understanding these can make all the difference.


⚠️ Key Exceptions to the 3-Year Rule

Here are the most common exceptions to the standard three-year limit:


👶 Children (Under 18)

  • The 3-year time limit doesn’t start until the child turns 18.

  • A parent or guardian can bring a claim on their behalf before then.

  • After they turn 18, they have until their 21st birthday to claim.


🧠 Lack of Mental Capacity

  • If the injured person lacks mental capacity (e.g. due to brain injury or a disability), the time limit may be paused indefinitely.

  • A representative (known as a “litigation friend”) can bring a claim on their behalf at any time.


🏥 Industrial Disease or Delayed Awareness

  • If your injury or illness wasn’t immediately obvious (e.g. asbestos-related illness, repetitive strain injuries, or delayed symptoms), the 3-year limit starts from the “date of knowledge” — the point when you became aware your injury was linked to someone else’s negligence.


🛫 Accidents Abroad or on Planes/Boats

  • These cases often have shorter time limits, sometimes as little as 2 years.

  • This depends on where the accident occurred and which laws apply.


📋 Why You Shouldn’t Wait to Start a Claim

Even if you have time, acting early has several advantages:

  • Evidence is easier to gather (e.g. witness statements, CCTV footage, medical records)

  • Your memory will be fresher

  • We can start helping you sooner with things like medical treatment and interim payments


Waiting too long could mean the other side argues your claim is out of time — and courts take limitation rules seriously.


🛡️ Let SHG Law Take Care of It

At SHG Law, we understand how confusing and stressful the claims process can feel — especially when you're trying to recover. That’s why we offer:

  • Free initial advice

  • No win, no fee representation

  • Clear, honest guidance on your eligibility and timelines

Whether you're unsure about your deadline or just need someone to talk to, we’re here for you.


📞 Get in Touch Before Time Runs Out

The clock may be ticking, but we're just one phone call away.

👉 Call us today: 01422 730120 - 01282 914099

📧 Email: info@shglaw.co.uk


Let SHG Law help you move forward with confidence.

 
 
 

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