18/06/2026
The technical term for the time limit for bringing a personal injury or clinical negligence claim is "limitation". If you do not bring your claim within that period, it is unlikely that you will be able to do so. Sometimes the Court may allow a claim out of time, but it is never advisable to rely on the Court's discretion. Limitation is a very complicated area of law, and it is really important that as soon as you feel you have a claim, you take legal advice. The periods set out below are general rules. Because the area is so complicated, please seek legal advice as soon as possible.
1. General rule: For a personal injury or clinical negligence claim, you have 3 years from the date of the accident or the date of the clinical negligence.
2. Children: Children have 3 years from their 18th birthday to start Court proceedings. In other words, they must bring a claim before their 21st birthday.
3. Injury not immediately obvious: If the injury was not immediately apparent, the 3-year period may run from the date you became aware of the injury, or the date you reasonably should have become aware. This is a very complex area of law.
4. Lack of mental capacity: If the person who wants to bring the claim lacks mental capacity, the time limit may be suspended until capacity is regained. Once regained, the limitation clock starts to run, even if capacity is subsequently lost again.
5. Deceased persons: Where a claim is brought for negligence suffered by a deceased person, the limitation clock is usually reset to 3 years from the date of death, providing the negligence complained of was within 3 years of the deceased's death.
6. Accidents in the air or on water: For accidents in the air, on water, and sometimes at airports and ports, the limitation period is 2 years.
7. Criminal Injuries Compensation Authority (CICA): Where a claim is made to the Criminal Injuries Compensation Authority, claims must also be brought within 2 years.
For my information, call our specialist team on 01253 778 231 for a free, no obligation consultation.
