The time limit to start a personal injury claim is usually three years from the date of injury, but the rules vary by jurisdiction and circumstances. This article explains how limitation periods (or prescription in Scotland) work, when the clock starts ticking, which claimants receive protection, and when courts may allow late claims. These rules apply across the United Kingdom, with distinct legislation in England and Wales, Scotland, and Northern Ireland. how to make a personal injury claim road traffic accident claims medical negligence claims industrial disease claims children personal injury claims

What is a limitation period?

A limitation period is the deadline by which court proceedings must be started. If you miss the deadline, the court will normally refuse to hear your claim, even if you were injured and the other party was at fault.

The purpose of limitation rules is to ensure cases are brought promptly, when evidence is fresh and witness memories are reliable. Defendants also need certainty that claims will not hang over them indefinitely.

In England and Wales, limitation periods for personal injury claims are set out in the Limitation Act 1980. Scotland uses the term "prescription" and its rules are in the Prescription and Limitation (Scotland) Act 1973. Northern Ireland has its own legislation, the Limitation (Northern Ireland) Order 1989.

The three-year rule

England and Wales

In England and Wales, you normally have three years from the date of the accident or injury to start court proceedings. This is set out in section 11 of the Limitation Act 1980.

The three-year period runs from the date of the injury or, if later, the date when you first had sufficient knowledge that the injury was significant, attributable to the defendant's conduct, and worth bringing a claim. This "date of knowledge" test is explained in section 14 of the Limitation Act 1980.

Scotland

In Scotland, personal injury claims are subject to a three-year limitation period under section 17 of the Prescription and Limitation (Scotland) Act 1973. This runs from the date of the injury or the date of knowledge of the injury being caused by the defender's conduct, whichever is later.

Scottish courts may also apply a longer-stop date in some cases, and different rules apply to children and adults who lack capacity, as discussed below.

Northern Ireland

In Northern Ireland, the Limitation (Northern Ireland) Order 1989 provides a three-year limitation period for personal injury actions. The period runs from the date of injury or the date of knowledge, mirroring the approach in England and Wales.

What does "date of knowledge" mean?

The date of knowledge is not the date you received a formal diagnosis or legal advice. It is the date when you knew, or should reasonably have known, that:

  • You had suffered a significant injury.
  • The injury was caused (in whole or in part) by someone else's conduct.
  • That person was identifiable.

In England and Wales, section 14 of the Limitation Act 1980 defines knowledge as including both actual knowledge and knowledge you might reasonably have been expected to acquire from observable facts or from seeking expert advice.

For example, if you were involved in a road traffic accident in 2020 but did not realise your back pain was related to the collision until medical tests in 2022, the three-year period may run from 2022 rather than 2020. The court will assess what you reasonably knew at each stage.

In Scotland, the date of knowledge test applies under the Prescription and Limitation (Scotland) Act 1973, and the courts interpret it in a similar way.

In Northern Ireland, Article 48 of the Limitation (Northern Ireland) Order 1989 sets out equivalent provisions for determining when knowledge was acquired.

Special rules for children

England and Wales

If the injured person is a child (under 18), the three-year limitation period does not start until the child's 18th birthday. This means a child injured at age 10 has until age 21 to bring a claim in their own right.

A litigation friend (usually a parent or guardian) may start proceedings on behalf of a child before the child turns 18, in which case the limitation period is paused while the child is a minor. These rules are set out in section 28 of the Limitation Act 1980.

Scotland

In Scotland, children under 16 receive similar protection. The three-year period does not begin until the child reaches 16. If a claim is raised on behalf of a child by a legal representative, the limitation period is suspended while the child is under 16, under section 17 of the Prescription and Limitation (Scotland) Act 1973.

Northern Ireland

In Northern Ireland, the limitation period for children does not start until the child turns 18, mirroring the position in England and Wales. This is provided for in Article 7 of the Limitation (Northern Ireland) Order 1989.

Claimants lacking mental capacity

If a person lacks mental capacity to manage their own affairs because of a mental disorder or disability, the limitation period does not run while the incapacity continues.

In England and Wales, section 28 of the Limitation Act 1980 provides that time does not run against someone who is under a disability at the time the cause of action accrues. "Disability" in this context means being a minor or lacking capacity within the meaning of the Mental Capacity Act 2005.

In Scotland, section 17(3) of the Prescription and Limitation (Scotland) Act 1973 makes similar provision for persons of unsound mind.

In Northern Ireland, Article 7 of the Limitation (Northern Ireland) Order 1989 suspends the limitation period while a person is of unsound mind.

If capacity is regained, the three-year period begins from the date of recovery or the date of knowledge, whichever is later.

Can the court extend the deadline?

England and Wales

Even if the three-year period has expired, the court has discretion to allow a claim to proceed if it would be equitable to do so. This is set out in section 33 of the Limitation Act 1980.

The court will consider factors including:

  • The length of the delay and the reasons for it.
  • The effect of the delay on the evidence.
  • The conduct of the defendant.
  • The claimant's disability or other circumstances.
  • How promptly the claimant acted once they knew the facts.

The court's power under section 33 does not apply to every type of claim; it is specific to personal injury and fatal accident cases.

Scotland

In Scotland, the court may allow a claim to proceed after the three-year period if it appears equitable to do so, having regard to the prejudice caused to each party by allowing or refusing the action. This discretion is set out in section 19A of the Prescription and Limitation (Scotland) Act 1973.

Northern Ireland

Northern Ireland courts have a similar discretion under Article 51 of the Limitation (Northern Ireland) Order 1989 to override the three-year limit in personal injury cases where it would be equitable to do so.

Applications for discretionary extension are fact-sensitive and are not guaranteed. The earlier you act, the stronger your position.

Limitation periods for specific types of claim

Road traffic accidents

Most road traffic accident claims in England, Wales, Scotland, and Northern Ireland follow the three-year rule described above.

Where an accident involves an automated vehicle, Schedule 1 of the Automated and Electric Vehicles Act 2018 makes the insurer or vehicle owner directly liable in certain circumstances, but the limitation period remains three years from the date of the accident or the date of knowledge.

Workplace injury

Claims against employers for workplace injuries are subject to the same three-year limitation period. The date of knowledge test is particularly important in occupational disease cases, where symptoms may not appear until years after exposure (for example, asbestos-related conditions or repetitive strain injury).

Medical negligence

Clinical negligence claims are also subject to the three-year rule. The date of knowledge often becomes a central issue, because claimants may not immediately realise that treatment fell below an acceptable standard or that a poor outcome was caused by negligence rather than an unavoidable complication.

Criminal injury

Claims to the Criminal Injuries Compensation Authority (CICA) have separate time limits set by the CICA scheme rules, published on gov.uk. Civil claims against an attacker for damages follow the usual limitation periods, but in practice most victims pursue compensation through CICA rather than civil proceedings.

Child sexual abuse claims

Historically, the three-year rule and the date-of-knowledge test created barriers for survivors of child sexual abuse, many of whom do not feel able to bring claims until adulthood.

The Crime and Policing Act 2026 introduced reforms following recommendations from the Independent Inquiry into Child Sexual Abuse. These reforms, now in force, remove the limitation period for civil claims arising from child sexual abuse in England and Wales, ensuring that survivors can bring claims regardless of how long ago the abuse occurred.

Scotland and Northern Ireland have not yet adopted equivalent legislative changes, though courts in those jurisdictions may exercise discretion to allow late claims in appropriate circumstances.

Starting proceedings: what counts?

The limitation period is met if court proceedings are issued before the deadline. "Issued" means the claim form is filed with the court and sealed. Sending a letter before action to the defendant, or instructing a solicitor, does not stop the clock.

England and Wales

The following explanation applies primarily to England and Wales. The procedure for starting a personal injury claim is set out in Part 7 of the Civil Procedure Rules. A claim is started when the court issues the claim form at the request of the claimant.

Before issuing proceedings, claimants are expected to follow a Pre-Action Protocol, which encourages early exchange of information and aims to settle claims without court action. The Pre-Action Protocol for Personal Injury Claims applies to most personal injury cases in England and Wales. For lower-value road traffic accident claims, the RTA Small Claims Protocol sets out a streamlined process.

However, compliance with a protocol does not extend the limitation period. If the deadline is approaching, it may be necessary to issue proceedings even if the protocol steps are not complete.

Scotland

In Scotland, court proceedings are commenced by serving a summons (in the Court of Session) or an initial writ or summary cause summons (in the Sheriff Court) on the defender. The limitation period is met if the action is commenced before the deadline by effecting service in accordance with Scottish civil procedure rules.

Scotland does not have formal pre-action protocols equivalent to those in England and Wales, though early communication and investigation are still encouraged. As with England and Wales, pre-litigation steps do not extend the statutory limitation period.

Northern Ireland

In Northern Ireland, proceedings are commenced by issuing and serving a writ or originating summons. The procedure is governed by the Rules of the Court of Judicature (Northern Ireland) 1980. The limitation period is satisfied if the writ is issued before the deadline expires.

Northern Ireland has adopted pre-action protocols similar to those in England and Wales for certain types of personal injury claims, but compliance with these protocols does not extend the statutory limitation period.

Practical steps to protect your position

Although this article does not provide legal advice, the following general points may help you understand how claimants typically protect their rights:

  • Note the accident date carefully. Keep a record of when and where the injury occurred, and collect any evidence (photographs, witness details, accident reports) promptly.
  • Seek medical attention. Medical records are important evidence, both of the injury itself and of the date you knew it was significant.
  • Consider instructing a solicitor early. A regulated solicitor can advise on the applicable limitation period, investigate the claim, and ensure proceedings are issued in time if settlement is not reached.
  • Do not assume the deadline is flexible. While courts have discretion to extend time in some cases, relying on discretion is risky. The safest course is to act within the primary three-year period.
  • Be aware of jurisdictional differences. If your accident happened in one part of the UK but you live in another, or if you are considering where to bring proceedings, the choice of jurisdiction may affect which limitation rules apply.

What this means for you

Personal injury limitation periods exist to encourage prompt claims and protect defendants from stale litigation, but they can be complex. The basic rule is three years from the date of injury or the date you knew enough to bring a claim, whichever is later. Children and adults lacking capacity receive extra protection, and courts may allow late claims in exceptional circumstances.

If you were injured in a road traffic accident, at work, or in any other setting, check the date of your accident and consider when you first realised the injury was significant and someone else might be responsible. If you are approaching the three-year mark, seek advice from a regulated solicitor promptly. Missing the deadline can mean losing your right to compensation, even if you have a strong case on the facts.

Last reviewed: 2026-06-03

Sources

This article provides general information about the law in England and Wales, Scotland, and Northern Ireland. It is not legal advice. For advice on your specific situation, consult a solicitor regulated by the Solicitors Regulation Authority (England, Wales, Northern Ireland) or the Law Society of Scotland.