Limitation periods for injury claims

In plain English: a limitation period is the legal deadline for starting a court claim. In the US it's usually called a statute of limitations. If you haven't issued proceedings by the deadline, the other side can usually have your claim thrown out, however strong it is.

The usual time limits

• England and Wales: generally 3 years for personal injury under the Limitation Act 1980, running from the date of the accident or, if later, the date you knew your injury was significant and linked to it.
• Scotland: also generally 3 years, with a similar rule about when you became aware.
• United States: set by each state, commonly 2 or 3 years for personal injury, but ranging from 1 year to 6 years. Property damage claims can have a different deadline from injury claims in the same state.
• Canada: set by each province. In Ontario the basic period is 2 years from when you discovered, or ought to have discovered, the claim. Other provinces have their own rules.

Exceptions that can change the clock

Children: in England and Wales, the 3 years usually doesn't start until the child turns 18. Many US states and Canadian provinces also pause the clock for minors, though some have special rules for medical claims. Lack of mental capacity: the clock is often paused while an injured person can't manage their own affairs, which matters after serious brain injuries. Late discovery: where an injury or its cause wasn't obvious at first, many systems start the clock later. Court discretion: in England and Wales a judge can allow a late claim in some circumstances, but you should never plan on that.

What the deadline does and doesn't mean

You don't have to settle by the deadline. You have to start formal court proceedings by it, or reach a signed settlement first. Negotiating with an insurer doesn't usually stop the clock, and an adjuster who is "still reviewing" your file is not protecting your rights. In some places the parties can agree in writing to extend or pause the limitation period, but that needs to be done properly.

Protecting your claim

1. Write down the accident date and work out your likely deadline now.
2. Check for shorter notice rules if a public body, employer scheme or your own insurer is involved.
3. Speak to a lawyer well before the final year, not in the final weeks.

Next: litigation · what to do after an accident · hiring an accident lawyer.

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