Generally speaking, in England and Wales, a claim must be brought within 3 years of the date of the accident or injury being sustained.

Usually, the date of the accident is easily established, for example a car accident or an injury involving machinery at work would be clearly known and documented.

Therefore, you should bring a claim (and that means actually issuing Court proceedings) by the third anniversary of the accident.

With a minor, that is to say someone under the age of 18, then the time limit only starts to run from the date upon which they reach 18. This means that they must bring Court proceedings by the time they are 21.

Please note that simply telling the Defendant or the insurer that you are going to make a claim, does not mean “bring proceedings”.

In some cases, the date of injury is not clear, for example a repetitive type injury at work may develop over a long period of time, and the symptoms may be quite subtle at first. Generally speaking, the date would start to run from your “date of knowledge” that you had sustained serious injury, and that it may be related to your work practice (or some other situation). It is usually when you are first told by a medical expert that the injury is serious and work related, but it is possible that you may know this prior to that date, so think about it very carefully. It may be an ongoing mild condition, which suddenly deteriorates significantly.

It is very difficult for a precise guide to be given in relation to this, so generally speaking the advice is that as soon as you think you may have a claim, even if you are not entirely sure, contact us for advice. If you are unfortunate enough to have allowed the limitation date to be expired, it may be possible in some cases to ask the Court to grant its discretion to allow you to continue the claim, although it is out of time. There is no hard and fast rule regarding what will and will not be allowed, as every case depends upon its own facts. If you had a road accident, knew the identity of the Defendant and that you had a claim, but did nothing about it for four years, then it is probable, (i.e. more likely than not), that the Court would say that you were out of time and cannot pursue the claim.

However, the Court may be more indulgent in a case where it is a claim only just out of time; or against an employer, as often employees are worried that they may place their jobs at risk if they make a claim. This is particularly so where the condition is not clearly identified at an early stage.

Overall therefore, the general advice is to seek advice as early as you can, even if you are not sure that you wish to bring a claim, so that you know what your rights are.

Even if you think your case is out of time, obtain advice, to be sure.

There are some substantial variations to limitation, and accidents abroad for example, would depend upon the country in which the accident occurred, although in some cases you may still be able to bring proceedings in the UK, if the claim is against a British national (for example in a road accident abroad) or the insurers or the persons employer’s are based in the UK, but the time limits vary wildly from country to country, so again do get advice early.

Accidents at sea, and in the air, also have special regulations.