The limitation period is the amount of time that a person has to begin their claim, as per the Limitation Act 1980. There is a time limit for all cases, though it may differ depending on the type of claim you are making. Having a time limit can prevent claims from being initiated long after the incident has occurred.

The aim of having a time limit is to make the legal process fairer. For example, a witness statement may be more reliable if a claim is made closer to the date of the accident. It can also be more difficult to assess the severity of someone’s injuries if a lot of time has passed.

You can read the How To Sue legal glossary for more straightforward definitions of key phrases that may be used throughout the claiming process. Our advisors are also available 24/7 if you wish to ask them any additional questions you may have about the limitation period or about claiming compensation.

Frequently Asked Questions

1. What Is The Limitation Period For Children’s Personal Injury Claims?
2. What Is The Time Limit For Vulnerable Adult Claims?
3. Is The Limitation Period Different For Medical Negligence Claims?
4. Will The Time Limits Be Different If Claiming For A Fatal Accident?
5. What Is The Limitation Period For Criminal Injury Claims?
6. Are There Any Other Exceptions To The Limitation Period?
7. Does A Claim Need to Be Settled Within The Three Year Period?
8. Get Help From How To Sue
9. Learn More

What Is The Limitation Period For Children’s Personal Injury Claims?

The limitation period for child personal injury claims is 3 years, starting from the date of their 18th birthday. As a child is unable to handle the decisions required of making a claim, the time limit is frozen.

However, there is the option for a responsible adult to claim on their behalf. This role is referred to as a litigation friend. In order to fulfil the role, this person must make efforts to represent the best interests of the affected party.

You can speak with our advisors to learn more about claiming on behalf of a child, what a litigation friend is, or how they can go about claiming once they reach adulthood.

What Is The Time Limit For Vulnerable Adult Claims?

The time limit for vulnerable adult claims is suspended, it would only begin if the person regains this capacity and will run for 3 years from this date of recovery.This is because the legal process requires complex decision making, which is not possible if a person is mentally incapacitated. 

In some cases, a loved one may not want them to wait so long to seek their rightful compensation or it may be unlikely that they will ever recover their mental faculties. Therefore, a mentally incapacitated person may be represented by a litigation friend.

You can enquire with our advisors about acting as a litigation friend for a vulnerable adult. They can explain how you apply and whether a No Win No Fee solicitor from our panel could help you along the process.

Is The Limitation Period Different For Medical Negligence Claims?

The limitation period may differ in medical negligence claims where the person was not originally aware that they received negligent treatment. In such cases, the 3 year time limit does not begin until the date on which the person learns that they suffered avoidable pain due to substandard medical care. This is referred to as the date of knowledge.

Alternatively the time limit can also run for 3 years from the date the medical negligence took place.

Speak directly with an advisor to confirm how long you have to seek medical negligence compensation.

Will The Time Limits Be Different If Claiming For A Fatal Accident?

When claiming for a fatal accident claim, the time limit is 3 years which can start from the date of the death. However, the cause of death may not be apparent until a later date. For example, loved ones may need to wait for a post-mortem or inquest to confirm this. In these instance the time limit can run from the date of knowledge. 

Contact our enquiries team to find out whether you can start a fatal accident claim for the death of a family member or loved one. They will explain how the time limit applies in your specific circumstances.

What Is The Limitation Period For Criminal Injury Claims?

When making a criminal injury claim through the Criminal Injuries Compensation Authority (CICA) there is a general limitation period of 2 years. This starts from the date on which the crime occurred. However, if you can prove that exceptional circumstances prevented you from claiming within this time limit, an exception may be made. 

The following also applies to child criminal injury claims:

• If the person was under the age of 18 at the time of the incident and the crime was reported to the police, they can claim within 2 years from their 18th birthday (unless exceptional circumstances apply).
• If the person was under the age of 18 at the time of the incident but no police report was made, the 2-year time limit to claim begins from date on which they report the incident to the police. They must be able to prove that they could not report the incident sooner due to exceptional circumstances.

Don’t worry if you’re not sure how the time limit applies for your potential claim. Our advisors can clarify this for you and advise you on the next steps to take.

Are There Any Other Exceptions To The Limitation Period?

Additionally, there may be exceptions to the limitation period depending on the location in which you had the accident, as you may be subject to their laws and limitation periods.

For boat or aircraft accidents, there is a typical time limit of 2 years. The Montreal Convention and the Athens Convention outline this.

Enquire today with our advisors about this. Providing further details of your case will allow them to offer you tailored advice on the time limit. You may even be eligible for the representation of a specialist solicitor from our panel.

Does A Claim Need to Be Settled Within The Three Year Period?

No, a claim does not need to be settled within the 3 year period, as the limitation period only applies to how long you have to start the claiming process. The length of time it could take to claim compensation is highly varied as each case is affected by its own unique circumstances. For example, more complex cases where serious injuries have been suffered, treatment is ongoing and more evidence needs to be gathered may take longer than more simple cases.

However, should you work with a solicitor from our panel, they will make efforts to settle the claim efficiently for you. Speak with an advisor today to learn more about the factors that can affect how long it takes to settle.

Get Help From How To Sue

You can get help from us here, at How To Sue if you have any questions or would like the validity of your claim assessed. Our friendly advisors are available 7 days a week to offer you advice. They could also connect you with of the experienced solicitors on our panel if they believe you have a strong claim.

If you wish to work with a solicitor from our panel, they could represent you on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This is a great way to proceed, as there is no requirement to pay for your solicitor’s work:

• Before the beginning of the case
• While proceedings are ongoing
• If compensation is not given to you

However, should you receive compensation, you will need to pay a success fee to your solicitor. This is a legally limited percentage of your compensation.

You may be wondering how exactly our panel of solicitors help claimants with the process. They offer the following services to support you at all stages of the claim:

• Starting proceedings within the appropriate time limit for your case
• Identifying what evidence you need to prove liability and how you can access this
• Representing your interests through correspondence with the defendant
• Arguing for the compensation to reflect the full extent of the impact you have suffered
• Helping you apply for After the Event Insurance

Contact Our Team Of Advisors

Whether you are seeking further information on the limitation period or would like to enquire about making a claim, our advisors can help. They could even connect you to an expert solicitor from our panel for dedicated legal guidance. Why not reach out for free advice offered with no strings attached?

• Call us 0800 408 7827
• Enquire online
• Speak live with an advisor using the pop-up window in the corner

Learn More

Read our other guides below:

• Find out how to make a GP negligence claim
• Learn about fall from height claims
• Visit our guide on how to sue for multiple injuries

External resources:

• Learn whether you could claim Statutory Sick pack (SSP)
• Visit the government’s information on claiming compensation as a victim of a violent crime
• More information on various injuries and conditions from the NHS.

Thank you for reading this guide on the definition of the limitation period.