By Stephen Burke. Last Updated 15th October 2024. This online guide covers the personal injury claims time limit, what it is, and how it can change based on the circumstances of a claim. When a personal injury lawyer processes a personal injury claim for a claimant, it must be done within this statutory deadline. Knowing which time limit applies in your own case is critical. As we progress, we’ll answer the question, “How long do I have to claim compensation for a personal injury?”
If you have questions about this guide, your claim, or the claims process in general, then our claims team is available to provide the answers you need on 0800 073 8801. If you wish, they can also explain to you how we can provide a legal team to help you process a personal injury claim.
Select A Section:
- What Is A Personal Injury Claim?
- What Is The Personal Injury Claims Time Limit?
- What Is The Date Of Knowledge In A Personal Injury Claim?
- Time Limits For Child Injury Claims
- How Does Diminished Capacity Affect The Time Limit?
- Fatal Personal Injury Claims Time Limit
- Personal Injury Compensation Claim Payouts
- How Solicitors Calculate Special Damages
- No Win No Fee Personal Injury Claims
- Essential Links
What Is A Personal Injury Claim?
A personal injury claim is a legal dispute that can occur when one party suffers harm at the hands of another party. The third-party liable for causing harm could be a private individual, a company, or any other organisation, even a Government body. The liable party will be responsible for compensating the claimant for injuries both physical and psychological, as well as any long-term effects of the injuries and also some forms of financial loss. Part of the personal injury claim limitation is that it must be made within a specific time-frame.
A solicitor will represent the claimant, and will process the claim, attempting to achieve a positive outcome. The claim will either not be successful, or one of two possible successful outcomes will be achieved, and these are:
- An informal settlement – the defendant will admit liability (either full or partial) and offer an out of court settlement to the claimant. The claimant is free to rebuff this offer and either renegotiate, or let the claim go to court.
- Formal court proceedings – the claim will go to court, and it will be evaluated under the UK judicial system. A decision will be made on whether the defendant is liable, and to what extent. The court will put a value on the claim, and award this as compensation to the claimant.
We know that the personal injury claims process sounds complicated, and sometimes it is. However, we are here to help you through it. Speak to a member of our claims team to start getting the help you need today.
What Is The Personal Injury Claims Time Limit?
Part of the personal injury claim statute of limitations is that there is an injury claim time limit for UK claims. A time limit stops certain types of historic claims from being made, which would be unfair to the defendant.
In general, in the UK, the time limit for making a claim is three years from the date of the incident that caused harm (such as in a road traffic accident), or from the date of knowledge of the claim (more on this in the next section).
However, this three-year time limit can change in certain circumstances, and we will also cover many of these in the following sections. If you need to know which time limit applies on your own case, please speak to a member of our claims team. Explain your circumstances to them and they will tell you which time limit applies.
What Is The Date Of Knowledge In A Personal Injury Claim?
Part of the injury claim statute of limitations is the time limit for making a claim. In most cases, this time limit begins to run from the date of knowledge. This is the date that the claimant first becomes aware of their injury or illness, or within an acceptable time frame for them to become aware of their injuries. Often, the date of knowledge is simple to discern, such as in a road traffic accident, it would be the date that the accident took place. However, in some cases, symptoms may be delayed or not manifest for some time. This would change the date of knowledge.
Sometimes, the claimant is not aware of the illness or injury for quite some time. For example, a former coal miner doesn’t contract an industrially related lung disease until many years later. In this case, the date of knowledge would be the date that the illness was first diagnosed.
To simplify this, we could say that the date of knowledge, the date the time limit starts ticking down from, will be:
- The date that the symptoms of the illness or injury started
- The date that the claimant first began to suspect that they had an illness or injury
- The date the claimant first had their medical condition diagnosed
Sometimes, the situation can be more complex. For example, if the claimant is initially diagnosed with a fairly minor illness or injury, and subsequently this diagnosis is revised to be something more serious.
If you are unsure just when the date of knowledge for your claim would be, we can help. Talk to one of our claim advisers and go over your claim with them, they will tell you the prospective date of knowledge for your claim.
Time Limits For Child Injury Claims
When a personal injury solicitor processes a claim on behalf of a person under the age of 18, the time limit is handled in a slightly different way. The three-year limit is still applicable, but the date of knowledge does not apply in the same way. Instead, the time limit begins to run from the date of the child reaching their majority, which is currently their 18th birthday in the UK. This means that any claim must be settled before the claimants 21st birthday.
Of course, a claim can still be made before the child’s 18th birthday. A parent or guardian can act as a litigation friend for a child under the age of 18. However, if a claim is made in this way, the compensation that is won will be put into a court held fund until the child turns 18.
So, it really comes down to a choice, make the claim earlier using a litigation friend, or wait until the child’s 18th birthday. Either way, we can be of assistance. Please talk to a member of our claims team to learn how.
How Does Diminished Capacity Affect The Time Limit?
The time limit for making a claim is affected by the Mental Health Act 1983, in relation to claimants that have diminished capacity and therefore, are not able to deal with the claims process themselves.
In this case, the time limit will start to run from the date that the claimant is discharged as being fit to care for themselves, or from the date of the end of their registered disability. Whichever of these two dates is first, is the date the time limit runs from.
As with child claims, it is also possible for a litigation friend to act on behalf of the claimant and handle the claim for them even though the claimant has diminished capacity. If you need help with a claim related to a person of diminished capacity, speak to one of our claim advisers to learn how we can be of help.
Fatal Personal Injury Claims Time Limit
In the case of claims for a fatal accident, it will be the dependants, family or estate of the deceased party, who would be making a claim. The standard three-year time limit will apply, but with a minor difference.
The date of knowledge will be either the date of death. For example, a person is killed in a road traffic accident and the date of knowledge would be the date the accident took place. Or in some cases, it will be the date the cause of death is established. For example, if a person is killed in a workplace accident, and the cause of the accident must be discerned through a process of investigation, a board of enquiry, etc.
If you have lost a loved one in a fatal accident and believe you have cause to make a claim, please talk to our claims team. A claims adviser will go over your situation with you and help you decide how best to proceed.
Personal Injury Compensation Claim Payouts
If you want a rough idea of how much compensation you might be able to claim, you could try using an online personal injury claims calculator. Alternatively, you could use a table such as the one below to look up your injury and find out what the possible range of compensation could be.
| What Type of Injury? | How Severe Was It? | Possible Compensation | Information |
|---|---|---|---|
| Multiple severe injuries plus special damages | Severe | Up to £1,000,000+ | Those eligible to claim for several severe injuries could receive a payout that covers all of them plus any related special damages, such as the cost of home care provisions. |
| Brain Injury | Very Severe | £344,150 to £493,000 | There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence, and the need for full-time nursing care. |
| Injured back | Severe (i) | £111,150 to £196,450 | Injuries such as crush damage, penetrating wounds and deep lacerations, as well as serious soft tissue injuries including sprains and strains, as well as compound or complex fractures. In the worst case, the injuries would result in permanent disability such a full or partial paralysis. |
| Moderate (i) | £33,880 to £47,320 | Injuries in this category will include lacerations, burns, grazes, bruises, etc. as well as minor sprains, strains and other soft tissue injuries as well as fractures, that would heal fully within 6 months. | |
| Injured neck | Severe (i) | In the region of £181,020 | Injuries such as crush damage, penetrating wounds and deep lacerations, as well as serious soft tissue injuries including sprains and strains, as well as compound or complex fractures. In the worst case, the injuries would result in permanent disability such a full or partial paralysis. |
| Moderate (i) | £30,500 to £46,970 | Injuries in this category will include lacerations, burns, grazes, bruises, etc. as well as minor sprains, strains and other soft tissue injuries as well as fractures, that would heal fully within 6 months. | |
| Injured arm | Loss of one arm (i) | Not less than £167,380 | The arm is amputated at the shoulder |
| Severe | £117,360 to £159,770 | Injuries such as crush damage, penetrating wounds and deep lacerations, as well as serious soft tissue injuries including sprains and strains, as well as compound or complex fractures. In the worst case, the injuries would result in permanent disability. | |
| Injured hand | Serious | £35,390 to £75,550 | Injuries such as crush damage, penetrating wounds and deep lacerations, as well as serious soft tissue injuries including sprains and strains, as well as compound or complex fractures. In the worst case, the injuries would result in permanent disability. |
If you want a much more accurate estimate of the amount of compensation you could receive if your claim is successful, please speak to one of our claim advisers who can arrange for a solicitor to value your claim for you.
How Solicitors Calculate Special Damages
If you win your claim, then your settlement will include potentially a number of different types of damages that will make up the overall compensation amount. These damages could include, for example:
- General damages: These are paid for physical harm and suffering, such as:
- Pain and suffering at the time of the accident, and also whilst receiving emergency medical treatment
- Shock and trauma of being involved in an accident
- Painful treatment and recuperation if your recovery will be long and arduous
- Psychological issues such as anxiety, new phobias, or post-traumatic stress disorder
- Long term or permanent disabilities and a loss of life quality
- Special damages: These are paid for nonphysical losses, such as:
- Out of pocket travel expenses
- The cost of care, such as a nurse to take care of you at home
- Medical fees for the treatment you had to pay for that was not available on the NHS
- Loss of earnings if you missed out on your wages/salary by having to take time off to recuperate.
- Lowered earning potential in the future, if you will be left with a diminished ability to work, or are unable to work at all
For an indication of the kinds of damages that may apply in your own case, call our claims team and speak to one of our advisers today. They will be able to tell you what kinds of damages you could be able to include in your personal injury claim.
No Win No Fee Personal Injury Claims
Among the questions you may have about personal injury claims, the time limit for starting a case may be one, but you may also want to know if a No Win No Fee solicitor could help. If you have a valid case, then one of our No Win No Fee solicitors may offer their services under a Conditional Fee Agreement (CFA).
When your solicitor supports you under a CFA, they won’t expect you to pay anything upfront for their services. There also won’t be any ongoing charges for their services. Furthermore, if you don’t gain compensation following a claim that proved unsuccessful, you won’t be asked to pay for their work on your case.
If your claim is a successful one, then your solicitor will take what’s called a success fee from your compensation. The amount that can be taken as this fee is a percentage that’s legally capped.
If you would like to ask questions about No Win No Fee solicitors or other related matters, such as the time limit on personal injury claims, please contact our advisors for free today. To reach our team, you can:
- Call 0800 073 8801
- Use our live chat.
- Contact us online.
Essential Links
These external links contain useful information:
- UK Government Information On The Montreal Convention
- UK Government Information About Package Holiday Regulations
- LawWorks Table Of Limitation Periods
These other guides may also be of use:
Thank you for reading our guide today. We hope that we’ve answered the question, “How long do I have to claim compensation for a personal injury?” or any other questions you had about the personal injury claims time limit.
