The usual starting point
Many personal injury and medical negligence proceedings in England and Wales must be started within three years of the injury or a relevant later date of knowledge. Identifying that date can itself require legal advice.
Different rules can apply
Children, adults who lack capacity and some particular claims may be subject to different rules. Incidents abroad and certain transport or compensation schemes can involve shorter deadlines. A court’s discretion should never be assumed.
An enquiry does not stop the clock
Contacting a solicitor, reporting an incident, making an insurance claim or pursuing a complaint does not normally stop the limitation period. Tell the team immediately if you think a deadline is approaching.
Useful information to have ready
- The date of the incident or treatment.
- When you first became aware of an injury or possible cause.
- The injured person’s age and relevant circumstances.
- Any previous advice, proceedings or correspondence.