How long do I have to claim after an accident?

Question

I was injured in a road accident that was not my fault about a year ago and only now am I thinking about claiming. Is there a deadline for starting a claim?

Wyatt Ward · Accepted Answer

For most personal injury claims in England and Wales there is a strict time limit of three years, usually running from the date of the accident, or from the date you first knew your injury was linked to it. As your road accident was about a year ago, you are comfortably within that window, but it is wise not to leave it too long, because evidence such as witness memories, vehicle damage and medical records is easier to gather while it is fresh. There are some important variations: for someone under 18 the three years does not start until their eighteenth birthday, claims involving mental capacity can be treated differently, and industrial disease or injuries that develop over time run from the date of knowledge rather than a single event. Court has a limited discretion to extend the time in exceptional cases, but you should never rely on that.

Levi Brooks · Answer

Practically, the sooner you start, the stronger your claim tends to be. Gather what you can now: the accident details, any police reference, photographs, details of witnesses, and records of your medical treatment and any financial losses such as lost earnings. Because the three-year limit is firm and there are exceptions that can shorten or lengthen it depending on the facts, it is sensible to get advice well before the deadline approaches rather than close to it. This is general guidance, not advice on your particular claim.

How long do I have to claim after an accident?

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