Personal Injury Claim Time Limits in the UK: Rules You Must Know

Understanding the personal injury claim time limit in the UK is critical to protecting your legal rights and securing fair compensation. Missing a deadline can permanently bar your claim, regardless of how strong the evidence may be. This comprehensive guide explains the statutory limitation periods, key exceptions, and how psychological injuries such as PTSD are treated under UK law, including personal injury PTSD compensation.

What Is the Personal Injury Claim Time Limit in the UK?

In most cases, the personal injury claim time limit in the UK is three years. This period is governed by the Limitation Act 1980 and applies to claims involving negligence, accidents, and personal harm.

The three-year clock typically starts from:

The date of the accident, or

The date of knowledge, when the injured person became aware that their injury was caused by negligence

Whichever date is later is used to calculate the deadline.

Failure to issue court proceedings within this timeframe will usually result in the claim being time-barred.

Date of Knowledge: When the Limitation Clock Truly Starts

The “date of knowledge” is legally significant in injury claims where symptoms are delayed or not immediately linked to negligence. This is common in cases involving industrial disease, medical negligence, and psychological trauma.

• A claimant is considered to have knowledge when they know:
• That they have suffered a significant injury
• That the injury was attributable to an act or omission
• The identity of the potential defendant

This provision protects claimants whose injuries develop over time rather than instantly.

Personal Injury Claim Time Limits by Claim Type

Road Traffic Accidents (RTA)

• Three years from the accident date or date of knowledge
• Applies to drivers, passengers, cyclists, and pedestrians

Workplace Injury Claims

• Three years from injury or date of knowledge
• Includes accidents, repetitive strain injuries, and industrial diseases

Medical Negligence Claims

• Three years from date of knowledge
• Often involves delayed diagnosis, surgical errors, or negligent treatment

Public Liability Claims

• Three years from the incident
• Covers accidents in public places, shops, and rented properties

Time Limits for Children and Protected Parties

Claims Involving Children

For individuals under 18:

• The three-year personal injury claim time limit starts on their 18th birthday
• A claim can therefore be issued up to their 21st birthday

A litigation friend (usually a parent or guardian) may bring a claim earlier on the child’s behalf.

Claimants Lacking Mental Capacity

If the injured person lacks mental capacity:

• The limitation period is paused indefinitely
• Time begins only if capacity is later regained

Fatal Accident Claims: Strict and Separate Deadlines

Fatal injury claims are subject to different rules:

• Three years from the date of death, or
• Three years from the date of knowledge of the cause of death

Eligible claimants may include spouses, civil partners, dependants, and the estate of the deceased.

Exceptions to the Personal Injury Claim Time Limit

Although limitation periods are strictly applied, courts have discretion in rare circumstances under Section 33 of the Limitation Act 1980.

Factors considered include:

• Length and reason for delay
• Availability and reliability of evidence
• Prejudice to both claimant and defendant

Judicial discretion is applied sparingly and should never be relied upon as a strategy.

Psychological Injuries and Personal Injury PTSD Compensation

Psychological harm is recognised as a legitimate personal injury under UK law. Claims for personal injury PTSD compensation are subject to the same three-year limitation rules, calculated from the date of knowledge.

PTSD claims commonly arise from:

• Road traffic accidents
• Workplace trauma
• Assaults and violent incidents
• Medical negligence
• Witnessing fatal or catastrophic events

To succeed, medical evidence from a qualified psychiatrist or psychologist is essential.

How PTSD Compensation Is Valued

Compensation for PTSD is assessed based on:

• Severity of symptoms
• Impact on daily functioning and employment
• Prognosis and response to treatment

General damages may include:

• Severe PTSD: long-term disability with poor prognosis
• Moderate PTSD: significant recovery with treatment
• Mild PTSD: good prognosis with limited long-term impact

Special damages may also be claimed for:

• Loss of earnings
• Therapy and treatment costs
• Medication
• Travel expenses

How Limitation Periods Interact with Ongoing Treatment

Ongoing medical or psychological treatment does not extend the personal injury claim time limit. Waiting for a full recovery or final diagnosis can be legally risky. Claims should be initiated as early as possible to preserve evidence and secure expert assessments.

Why Acting Early Protects Claim Value

Early action strengthens a claim by:

• Preserving witness testimony
• Securing high-quality medical evidence
• Preventing disputes over limitation dates
• Maximising compensation outcomes

Delay increases the risk of evidential gaps and procedural failure.

Key Takeaways on Personal Injury Claim Time Limits

• The standard personal injury claim time limit is three years
• The date of knowledge can extend when the clock starts
• Special rules apply to children, fatalities, and mental incapacity
• PTSD and psychological injury claims follow the same limitation rules
• Missing the deadline can permanently invalidate a claim

A clear understanding of limitation law is essential to enforcing your rights and securing full compensation for both physical and psychological injuries.