How long after an accident can you file a claim?

Is there a personal injury claim time limit?

The short answer to this question is three years. 

When you make a personal injury claim, a limitation period applies. This is broadly set out in Section 11 of the Limitation Act 1980. Of course, some exceptions mean the personal injury claim time limit might not apply in your case.

You can read on to learn more about what those exceptions are. But you can also rest assured that - if you choose us - we'll tell you exactly how long you still have left after your accident to file a claim. And we'll be able to answer any other questions you have at the same time.

How long after an accident can you claim?

To an extent, this is up to you. The immediate aftermath of an accident can be distressing. It'd be understandable, therefore, if making a claim isn't at the top of your list of things to do. That said, you can start a claim as soon as you like. In fact, we often say it can be better for you to get in touch with us sooner rather than later.

This is so our personal injury lawyers want to build the strongest case for you. If you start your claim as soon as possible, all the details will come to mind easier and it may be easier to collate evidence immediately after your accident. Your recollection of your accident will be more vivid and accurate. While this can be painful, it ensures we get a clear and exact picture of what happened and how the other party was at fault.

When does the personal injury claim time limit start?

In a lot of claims, the personal injury claim time limit will start on the date of your accident. So, if you were injured in a road accident on 23 October 2021, you'll need to start your claim before 23 October 2024. But it's important to know this isn't always the case.

And there are also instances where the severity of your injuries left you unable to make a claim for more than three years. In these cases, your three-year limit won't start until you're deemed to be able to claim. No matter the circumstances of your case, we'll advise when the limitation starts.

Is the time limit different for children?

Was your child injured in an accident that wasn't their fault? If you're claiming on behalf of someone under the age of 18, there's no set time frame to sue for personal injury. 

The three-year time limit will only apply as soon as your child reaches their 18th birthday. So, it means they'll essentially then have until they're 21 to start their claim. Where a parent or legal guardian already claimed on their behalf, the child can't then make their own claim.

There are rules to what you can and can't do if claiming on behalf of a child. But that'll be something we'll explain when you contact us or call us on about your child's accident.

What is mental capacity? How can it affect time limits?

Some injuries - like those involving the head or brain - can have such a severe impact that the individual is no longer able to make decisions for themselves. When this happens, the person is said to lack the mental capacity to make a claim.

Under the Mental Capacity Act 2005, a loved one can be appointed as a "litigation friend" to act on their behalf. More importantly as far as time limits go, there isn't one - not until that person regains mental capacity. If and when they do, the three-year limit will then apply.

Are time limits different based on the type of accident?

No - the same rules will apply no matter what type of accident or incident caused your injury or illness. If it's a question of how long after a car accident you can claim, it'll be three years - just like the work injury claim time limit, for example. Of course, it also means there might well be a situation in which exceptions apply.

• The personal injurytime frame can sometimes start if your injuries weren't known about until after the date of the incident.
• Any accident has the potential to leave you without the ability to claim for yourself - whether it's a workplace injury, car accident or otherwise. The rules in these cases won't be any different. No time limit applies until you regain the capacity to claim.  

Fatal accidents: How long do I have to make a claim?

It's always traumatic to lose a loved one. Making a fatal accident compensation claim can be far from your thoughts as you come to terms with what happened. When a death is the outcome of an accident or someone's negligent actions, it's still possible for a claim to be made.

Time limits still do apply in such difficult circumstances, however. If you're claiming on behalf of a late family member, the three-year limit comes into effect from the date of their passing.

Do no win no fee claims have a different time frame?

No - whether we can take your case on a no win no fee basis will have no bearing on how long after an accident you can file a claim. The term 'no win no fee' refers purely to how your claim will be paid for. And it's a really common way of making a personal injury claim.

Nearly 95% of claims in the UK are handled this way. So, there's no need for you to worry if you think it might affect how long you have to make a claim.

If you'd like more information about no win no fee claims with National Accident Law, please get in touch or call us on . Our friendly team will do everything they can to help

How do I start a claim?

Were you recently in an accident that wasn't your fault? Or perhaps you've been thinking about claiming for a while? Either way, our team of personal injury experts are ready to help.

To get things started, call us on or request a call back for a time that works for you.

To start with, we give you the chance to tell us about your experience in your own words - and how it affected your life. Our job is then to tell you whether we think you have a claim. If that's the case, we'll make sure you're within the time limit and explain how it all works.

The final decision, however, always rests with you.