Limitation in PI & Clinical Negligence claims

Time limits under the Limitation Act 1980

Under section 11 of the Limitation Act 1980 (LA 1980), the time limit for the vast majority of personal injury claims is three years from the date of injury or, if later, three years from the date of knowledge (ie when a claimant first had knowledge of all of the following):

1. •

   that the injury in question was significant (they would reasonably have considered it serious enough to justify instituting legal proceedings against a defendant who did not dispute liability and who had the means to pay any damages awarded against it)

2. •

   that the injury was wholly or partly attributable to an act or failing on the defendant’s part

3. •

   of the defendant’s identity, and

4. •

   of the identity of that person and any relevant additional facts, if it is alleged that the injury was caused by someone other than the defendant

For further details, see Practice Note: Time limits under the Limitation Act 1980—personal injury claims.

Specific time periods for PI claims

Some personal injury cases have a time limit