Time Limit for Claims

Under UK law a claimant has three years from the date of the injury/act of negligence, or from the date it was known, diagnosed, or ought to have been known, in which to claim. If legal proceedings are not started in court within these three years, the case is then time-barred.

The three year deadline begins either from the date of the accident, or from the date when you knew that your injury was linked to the original accident or exposure (whichever is latest). This is called the ‘date of knowledge’.

The date of knowledge can be much later than the accident date. For example, if you injured your hand, went to A&E the same day and were told by a doctor that you just had a sprain and bruising. However, then, if after a few weeks you were still in pain and experiencing problems, you went back to the hospital and were then told that you had actually broken a bone (fracture) in your hand all along. In that instance, your three year time limit would start from the date that the fracture was diagnosed, rather than the date of the initial injury.

The three year deadline commencing from the date of knowledge/diagnosis, rather than the date of accident/exposure, is particularly important in cases involving exposure to asbestos, as you may not find out for 15 - 50 years after your exposure that you have contracted an asbestos related disease. In fatal cases, the three year limitation begins from the date of death or the date the death was linked to the accident /exposure. For example, it may not have been known that a loved one had mesothelioma until they died and the post mortem was carried out. The three year deadline would then begin on the date of death, or possibly the date of the post mortem.

Special rules apply for children or patients being treated under the Mental Health Act 1983. The three year time limit does not begin for these people until the legal incapacity is removed. In the case of a child, the three year time limit would begin from the date of their 18th birthday and in the case of a patient treated under the Mental Health Act 1983, the three year deadline would begin from the date they were discharged as a patient.