There are strict time limits for making a legal claim for compensation. If you do not make a claim within these limits, you may run out of time. For this reason, it is very important to take legal advice on your time limit for making a claim at an early stage.
The time limits for making a claim are as follows:
- For a person over the age of 18 years, the claim must be made within three years of the date of the injury or harm.
- For a person under the age of 18 years, the claim must be made before their 21st birthday. In Scotland, it must be made before their 19th birthday.
- For a person who has been detained under the Mental Health Act or lacks mental capacity, the three-year time limit does not start until they have regained mental capacity.
- Where a person has died, the claim must be made within three years of their death. This limit may be shorter if the person who experienced the harm knew that their care had been negligent before they died.
- Where a person has died and the claim is to be made under the Human Rights Act, the claim must be made within one year of the person’s death.
You can find out more about time limits for making a legal claim for compensation in our dedicated self-help guide below.
