Compensation Claim Time Limits: How Long Do You Have to Make a Claim?
Understanding compensation claim time limits is crucial if you have been injured and are considering making a claim. In most cases, you only have a limited time period to start your claim, and missing this deadline can mean losing your right to compensation entirely.
In this guide, we explain how long you have to make a compensation claim in England and Wales, including the key exceptions to the standard time limit.
- Compensation Claim Time Limits: How Long Do You Have to Make a Claim?
What is a compensation claim?
A compensation claim is a legal claim for financial compensation following:
- An accident causing personal injury.
- Medical negligence.
- Industrial disease.
- Financial losses linked to an injury.
The aim is to put you back, as far as possible, in the position you would have been in had the injury not occurred.
How long do you have to make a compensation claim?
In England and Wales, the standard compensation claim time limit is:
Three years to issue at court
This three-year period runs from either:
- The date of the accident, or
- The date of knowledge (when you became aware of your injury (or it was reasonable to suspect you had an injury).
To protect your claim, court proceedings must be issued within this time.
Criminal injuries have two years to make an application
Criminal injury claims proceeding via the CICA (Criminal Injuries Compensation Authority) generally only have two years to claim. In other words – two years to put in your applications with the CICA.
Criminal injuries follow a different process than personal injury compensation claims.
What does “time barred” mean?
If you do not start your claim within the legal time limit, your case will usually become time barred.
This might mean:
- Your claim cannot proceed.
- Even strong cases may be rejected.
- You lose your legal right to compensation.
Exceptions to compensation claim time limits
There are important exceptions where the usual three-year time period does not apply.
Child injury claims (under 18s)
If the injured person is under the age of majority (which at the time of writing is 18 years of age in England and Wales):
- The time limit does not start immediately.
- It begins on the child’s 18th birthday.
This means children injured in an accident – in theory have until their 21st birthday to start a claim. However, starting a claim sooner (closer to an accident event) will often give a better chance of success, since
A parent or guardian may act as a litigation friend that will allow a child’s claim to be commenced before they have reached 18 years of age.
In fact – this is generally how the majority of child claims commence.
Mental capacity
If the injured person does not have the mental capacity to manage their own affairs:
- The time limit is paused.
- It only begins if capacity is regained.
This often applies in serious injury cases involving brain damage or mental health conditions.
Date of knowledge (late diagnosis cases)
In some cases, you may not realise (nor may it be considered reasonable to have known) you have been injured straight away.
This is common in industrial disease claims such as lung disease claims, e.g – Asbestosis and Mesothelioma.
Symptoms may take years – or even decades – to develop.
In these cases, the three-year period starts from when you first knew (or when the law considers it reasonable to have known):
- You had an injury, and
- It was linked to your work or exposure.
Not Actual Knowledge
Limitation does not run from when you actually knew you had an injury. Instead, it runs from when it was reasonable to suspect an injury could have come from work exposure based on all the facts.
Therefore – this limitation will be decided on a case-by-case basis and very often will be before you had actual knowledge
Court discretion
In limited circumstances, the court has discretion to allow a claim outside the normal time limit.
However, this is not guaranteed and depends on factors such as:
- The reason for the delay.
- The availability of evidence.
- Whether a fair trial is still possible.
When does a compensation claim officially start?
To comply with time limits, a claim must be:
Issued at court
It is not enough to simply contact a solicitor or notify the other party of your claim.
The time limit only stops running when court proceedings are formally issued. Critically the claim is sealed and date stamped by the court.
Your Solicitor Will Send Documents to The Court
Your solicitor will send certain documents to the court to start your personal injury compensation claim. It is only when the court acknowledges receipt and date stamps your claim that the time period will stop running.
SUMMARY – Compensation Claim Time Limits
- Most claims must be started within three years.
- The time limit may begin later in certain cases.
- Exceptions apply for children, mental capacity and late diagnosis.
- Claims must be issued at court before the deadline.
What should you do next?
If you are considering making a claim, it is important to act as soon as possible to avoid missing the legal time limit.
Understanding time limits is just one part of making a claim—see our full compensation claim guide tofor a complete overview.
In addition, find out how much compensation you can claim for all manner of all severity of personal injury set out by body part and injury type.
FREE Legal Help
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