When you've suffered an injury - whether on the road, at work, in a public place, or due to professional negligence - the last thing on your mind is legal red tape. However, if you intend to make a personal injury claim, it's essential to understand that you don’t have forever to do so. There are strict time limits for personal injury claims in the UK, and missing these can mean losing your right to compensation entirely.

At our firm of experienced personal injury solicitors in Ebbw Vale, South Wales, we’ve helped countless individuals navigate the complexities of personal injury law and secure the compensation they deserve.

To help you gain a better understanding, we’d like to walk you through the time limits, known legally as “limitation periods”, and explain everything you need to know - from exceptions to extensions, to how the process works.

What is the standard time limit for personal injury claims in the UK?

Under the Limitation Act 1980, the general time limit for bringing a personal injury claim in England and Wales is:

Three years from the date of the accident or injury, or from the date of knowledge of the injury.

This three-year period is known as the limitation period. Once this expires, you may no longer be able to make a claim unless exceptional circumstances apply.

What does “date of knowledge” mean?

In some cases, the injury or its cause might not be immediately obvious. For example, if you developed an illness due to asbestos exposure, you might only become aware of the link years later.

In such instances, the three-year limitation period begins from the date you became aware (or ought reasonably to have become aware) that:

• You were injured; and
• The injury was caused (at least in part) by someone else’s negligence.

This is often referred to in legal terms as the “date of knowledge”.

Different time limits for different types of personal injury claims

While the three-year rule is standard, some types of personal injury claims have different time limits.

Here’s a breakdown of the most common:

1. Road Traffic Accidents (RTAs)

Time limit: 3 years from the date of the accident or date of knowledge.

Applies to car accidents, pedestrian injuries, cycling accidents, and motorcycle crashes.

2. Accidents at work

Time limit: 3 years from the date of the incident or when you became aware of the injury.

Includes slips, trips, machinery accidents, repetitive strain injuries, and more.

3. Medical negligence claims

Time limit: 3 years from the date you became aware of the negligence and resulting harm.

Due to the complexity, the “date of knowledge” rule is often pivotal in these cases.

4. Injuries to children

Time limit: A child has until their 21st birthday to make a claim.

The three-year period doesn’t begin until the child turns 18.

A parent or guardian can also claim on the child’s behalf at any point before they turn 18.

5. Accidents abroad

Time limits vary depending on the laws of the country where the injury occurred.

In many European countries, for example, the limit may be only 2 years.

It’s vital to seek legal advice as early as possible when accidents occur abroad.

6. Criminal Injury Compensation Claims (CICA)

Time limit: 2 years from the date of the incident.

Claims are made through the Criminal Injuries Compensation Authority, not civil court.

Extensions are sometimes allowed if you're a child or unable to claim due to trauma. 

Can the time limit be extended?

In exceptional circumstances, the courts have the discretion to extend the time limit under Section 33 of the Limitation Act 1980.

However, this is not guaranteed, and judges will only allow extensions if it’s equitable to do so.

Factors that the court may consider include:

• The length and reason for the delay.
• Whether the defendant will be unfairly prejudiced.
• The extent to which evidence is still available.
• The conduct of both parties.

While this flexibility exists, you should never rely on the possibility of an extension. Seek legal advice as soon as you suspect you may have a claim.

Read: What to do immediately after an accident

Time limits for fatal accident claims

If you’re pursuing a claim on behalf of a loved one who has died due to personal injury or professional negligence, the three-year limit begins from the date of death, or the date of knowledge of negligence - whichever is later.

Family members may be able to claim for:

• Loss of dependency.
• Funeral costs.
• Pain and suffering of the deceased prior to death.

Why acting quickly matters

Even if your injury seems minor at first, or you’re not sure whether you want to pursue a claim, it’s vital to get legal advice early.

Here’s why:

Preserving evidence: The sooner your solicitor begins gathering evidence - medical records, witness statements, CCTV, and more - the stronger your case will be.

Avoiding disputes: Delayed claims can lead to questions about the validity or credibility of your case.

Peace of mind: Knowing where you stand legally helps you focus on recovery.

What if I’m claiming on behalf of someone who lacks mental capacity?

If a person lacks mental capacity (due to brain injury, learning disability, mental illness, etc.), the three-year time limit may not apply unless or until they regain capacity.

This rule is especially important in cases involving:

• Serious brain injuries.
• Children with severe learning disabilities.
• Adults with mental health conditions.

How to start your personal injury claim

The first step in any personal injury claim is to speak to a qualified solicitor who can assess your case and advise you on the best route forward.

At our Ebbw Vale-based firm, we offer:

1. Free initial consultations.
2. No win, no fee representation in most cases.
3. Local expertise with a national standard of service.

We’ll walk you through the process, handle all the legal complexities, and make sure you never miss a crucial deadline.

Why choose Fonseca Law for your personal injury claim?

We’re not a call centre or a national claims firm. At Fonseca Law, we’re a dedicated team of local, experienced personal injury solicitors in Ebbw Vale, and we pride ourselves on offering friendly, straightforward legal advice that’s tailored to you.

We understand that every case is different, and we always aim to:

• Explain your rights clearly.
• Deal with your case efficiently and professionally.
• Maximise your compensation.
• Support you through every step of the process.

Get expert legal advice today

If you’ve been injured and are considering a claim, don’t leave it until it’s too late. Even if you're unsure whether your injury qualifies, or whether you’re within the time limit, it’s worth speaking to a specialist solicitor.

Contact our experienced legal team in Ebbw Vale, South Wales, today for no-obligation advice and clear guidance on your next steps.

We’re here to make the legal process as straightforward and stress-free as possible - so you can focus on your recovery, while we fight your corner.