A Guide To Time Limits And The Limitation Period

The limitation period for starting a compensation claim is generally 3 years, as per the Limitation Act 1980. This applies to the majority of claims, including:

There are different time limits for alternative kinds of claims, which we’ll talk about more later.

What If I Miss The Limitation Period?

If you miss the limitation period, your claim could be time-barred. This means you can no longer pursue compensation. However, there are some exceptions to the 3-year rule; keep reading to learn more, or contact a How Much Compensation advisor today to get started by:

An hour glass illustrating when a limitation period expires

  1. What Is The Time Limit For A Child’s Compensation Claim?
  2. The Limitation Period For Vulnerable Adults
  3. Is The Time Limit The Same For Medical Negligence
  4. What Is The Time Limit For A Fatal Accident Claim?
  5. Is The Time Limit Different For Criminal Injury Claims?
  6. What If I’m Injured On An Air Craft Or Ship?
  7. Will My Claim Need To Be Settled Within Three Years?
  8. Can How Much Compensation Help Me Start A Claim?
  9. More Information

What Is The Time Limit For A Child’s Compensation Claim?

Children can’t make their own claims. Because of this, you can make a claim on behalf of an under-18 as their litigation friend. This means that the usual limitation period doesn’t apply, and you can start the process at any point up until their 18th birthday.

After that, if you haven’t made a claim on their behalf, they will have to make their own claim. They will have 3 years to start this process, from their 18th birthday to their 21st birthday.

Keep reading to learn more about time limits in different claims, or contact our advisors today to learn more.

The Limitation Period For Vulnerable Adults

For vulnerable adults or those who lack the mental capacity to make their own claim, the time limit doesn’t apply. A litigation friend can make a claim on their behalf whenever they want to, unless they recover, which isn’t always possible. Should the vulnerable adult recover this capacity, then the limitation period is counted from this date and they will have 3 years to start a claim.

If you’re interested in acting as a litigation friend for a child or a vulnerable adult, get in touch with our advisors. They can answer any questions you might have about the limitation period.

Is The Time Limit The Same For Medical Negligence

Yes, the time limit is the same for medical negligence claims. However, instead of solely beginning on the date of your injuries, medical negligence claims also use the date of knowledge. This means the 3-year time limit will begin either on the date the harm occurred or on the date that you connect the harm you’ve been through with the negligent actions or inactions of a medical professional.

A victim of medical negligence sits on a hospital bed and stares out of a window

What Is The Time Limit For A Fatal Accident Claim?

If you are looking to make a fatal accident claim, the same 3-year limitation period applies. However, according to the Law Reform (Miscellaneous Provisions) Act 1934, the first six months of this limitation period are reserved for the deceased’s estate.

When the first six months have passed, dependents can bring forward their own claim under the Fatal Accidents Act 1976. We understand that losing a loved one in a fatal accident can be devastating, and we are here to help. Contact our advisory team for more.

Is The Time Limit Different For Criminal Injury Claims?

The time limit for making a claim through the Criminal Injury Compensation Authority (CICA) is usually 2 years. However, if you can prove that extenuating circumstances stopped you from making a claim during this time, you may still be able to bring a case forward.

This can vary depending on the age of the claimant and when the incident was reported to the police. Speak to an advisor to learn more.

What If I’m Injured On An Air Craft Or Ship?

Under the Montreal Convention, you have 2 years to start a claim for a personal injury on a plane. This time limit begins when you disembark from the plane itself.

The same 2-year time limit applies to injuries on cruise ships and international ferries, as per the Athens Convention.

Will My Claim Need To Be Settled Within Three Years?

No, your claim doesn’t need to be settled within three years. As long as you start your claim within the time limit, it doesn’t matter when it ends, and the limitation period no longer matters.

Keep reading to learn more about starting a claim, or contact our advisors today if you have any more questions.

Can How Much Compensation Help Me Start A Claim?

Yes, at How Much Compensation, we can help you start your claim. We partner with a panel of solicitors with expertise in every area of law. Whether you’re making a personal injury claim or a criminal assault claim, there’s a solicitor on our panel who can help you through the process from start to finish under the terms of a Conditional Fee Agreement (CFA).

This is a kind of No Win No Fee agreement, which means you don’t pay anything for their work unless they secure compensation. If your claim is successful, then your solicitor will deduct a legally limited percentage of your compensation (known as a success fee) to pay for their services. Don’t wait to start your path to justice; contact our advisors today to find out how our panel could help you.

Get In Touch With Our Team Of Advisors

Talk to our team today by:

Two solicitors pursue settlement negotiations for a claimant

More Information

To learn more:

Or for more resources:

Thank you for reading our guide on the limitation period for different types of compensation claims.

    Talk to us

    Time limits apply in personal injury claims, read more in our guide here

    Please read our privacy policy here.