The general time limit for making a personal injury claim in England and Wales is three years from the date of the injury. If the injury wasn't immediately apparent or could not be connected to your accident straight away, the time limit may begin from the date you first realised the injury was linked to the negligence or breach of duty (known as the “date of knowledge”), or when you should have realised this was the case.
This limit also applies to claims on behalf of someone who has died. When a person dies because of their injuries, any claim must be started within three years of the date of death or the date the family became aware of the cause. The time limit only applies to starting a claim, and some claims may take longer than three years to conclude.
There are limited exceptions to this rule, so it's important to act quickly. The only situations in which a claim outside the three year period may be possible involve:
- Children: claims involving children do not have a time limit until they turn 18. The three-year time limit begins on the child's 18th birthday, meaning they have until they turn 21 to start a claim. A parent or other litigation friend can claim on their behalf at any time before they turn 18.
- Mental capacity: when an injured person lacks mental capacity, there is no time limit. If they later regain their capacity, the three-year time limit will apply and begins from the date they regained capacity.
If you're concerned that you have missed the relevant time limit and are unable to claim, speak to the team at Switalskis. The court may allow late claims in some cases, particularly if there was a good reason that you could not claim within the relevant time limit. Our expert solicitors can advise you on whether it's possible to claim in your case.