In civil law, a limitation period is the timeframe within which a legal claim must be issued at court. If a claim is brought after this deadline, it may be “time-barred”, meaning the court could refuse to hear it.
For most personal injury claims involving adults, the limitation period is 3 years from the date of the injury or the date the person became aware that their injury was caused by someone else’s negligence (this is known as the date of knowledge).
How Does This Apply to Children?
The law recognises that children (under 18 years old) cannot bring legal claims themselves. Therefore, the 3-year limitation period does not begin until the child turns 18.
In practical terms:
A claim for a child can be brought at any time before their 21st birthday (i.e., three years from their 18th birthday).
Until they are 18, a claim can be brought on their behalf by a litigation friend, usually a parent or legal guardian.
This allows parents or guardians the flexibility to pursue a claim sooner rather than later, while also preserving the child’s right to bring their own claim once they become an adult.
Why It’s Important Not to Delay
It is generally advisable to act as soon as possible. This is because evidence (such as witness statements, CCTV footage, and medical records) is easier to obtain and more reliable when the incident is recent.
Medical assessments can also be arranged to support the claim and track the child’s recovery. Early legal advice ensures that your child’s case is investigated thoroughly and that deadlines are not missed.
Exceptions for Those Under a Disability or Lacking Capacity
The law recognises that not everyone is in a position to take legal action straight away. There are important exceptions for those who find themselves unable to bring a claim themselves.
Lacking Mental Capacity:
If an adult lacks the mental capacity to manage their own legal affairs (for example, due to a brain injury, learning disability, or mental illness), the three-year limitation period does not start running until (and if) they regain capacity. If someone never regains capacity, the limitation period may never begin, and a claim can potentially be brought at any time.
This protection is intended to ensure that vulnerable individuals are not unfairly penalised for being unable to act on their rights. A litigation friend (such as a parent, carer, or appointed deputy) can bring a personal injury claim on behalf of a person lacking capacity. This allows legal action to be taken without waiting for the person to regain capacity.
Important considerations
Even if a limitation period has expired, the court has a discretion to allow a claim to proceed if it is equitable to do so. However, this discretion is only applied in exceptional cases and should not be relied upon.
The rules in Wales are the same as in England for civil limitation periods, as these are governed by UK-wide legislation.
If you have any further concerns or queries, don’t hesitate to speak with us on 0800 213 214
