When making a personal injury claim, it’s important to get in touch with a solicitor as soon as possible. This not only ensures you have professional representation, but also because the law has specific deadlines for when you are entitled to make a personal injury claim.

Read on as we explain in this helpful guide.

How long after an accident do I have to make a personal injury claim?

The time limit for personal injury claims is typically three years, as set out by the Prescription and Limitation (Scotland) Act 1973. These three years are also known as the ‘limitation period’. Cases which have passed the deadline are often referred to as ‘time-barred’.

The law states you have three years from the ‘date of knowledge’ to begin legal proceedings. The date of knowledge is defined as either the date when the injury occurred, or the date when you became aware of the injury and its cause.

For example, if you were injured in a road traffic accident on January 1st 2025, you typically have until January 1st 2028 to make a claim.

Are there exceptions to the three-year personal injury time limit?

Whilst most claims fall under the three-year rule, there are some circumstances where the law differs.

Industrial diseases

The law makes exceptions for certain types of injuries, for example people exposed to harmful chemicals like asbestos in the workplace. Some industrial diseases such as mesothelioma take many years after the initial exposure to show symptoms. In those cases, the law allows you to make a claim from the date when you first realised your health was impacted. This is called the ‘date of knowledge’.

For example, if you were exposed to asbestos at work but only realised your health was impacted on January 1st 2025, you would have until January 1st 2028 to make a claim.

The correct medical evidence can be crucial in these types of cases. A solicitor will always seek expert medical opinion in the first instance with industrial accidents.

Children

In Scotland, if you are under 16, you are required to have someone else make a claim on your behalf. This person is called a ‘litigation friend’. In Scots law, you are deemed capable of making your own decisions as an adult from the day you turn 16. In personal injury, this means you have three years from your 16th birthday to file a claim.

In practice, this means that any child – whether a baby, 5 years old, or 15 – has until their 19th birthday to make a claim.

Capacity

In some cases, a person may be incapacitated, leaving them unable to manage their personal injury claim themselves. The law makes an exception for such cases, and the three-year limitation period begins once the person regains their capacity.

For example, if a person has a condition temporarily affecting their mental capacity. The law states that the three-year period begins once the person regains their capacity.

Every case is different, and the law has to cover various circumstances. For instance, it provides ways where another person can be legally appointed to look after an incapacitated person’s affairs. This could be via a Guardianship Order or a Power of Attorney. Sometimes, these may be in place before an accident, e.g., if a person has dementia or is in a coma. Under these circumstances, the usual three-year limitation period begins from the date of the accident.

Fatal accidents

When a person passes away, their right to claim is still valid. The law allows the person’s next of kin to have three years from the date of their death to raise a claim for damages.

On the other hand, there may be instances when the next of kin are not notified about a death. The law allows an exception here, so the next of kin have three years from the date they were notified of the death.

Why it’s important to raise a claim as soon as you can

Before taking on a claim, your solicitor wants to be confident it has a reasonable chance of success. The less time there is until the deadline, the less time your solicitor has to investigate, prepare, and negotiate with the other side. If there’s not enough time, it may put pressure on both you and your solicitor, or it may even be too risky to raise a claim at all.

With most cases, obtaining evidence is crucial to proving your case. If your case is close to the deadline, it can cause challenges when trying to obtain witness statements or CCTV footage. For example, witness statements are usually more reliable when they are taken sooner rather than later as people tend to remember more details.

Another factor can be when it comes to defending your position. Raising a claim months or years after the date of your accident could open it up to criticism from the other side’s insurance company. The longer you wait to raise, the more difficult it can be to argue a position.

Most importantly, if you don’t settle your claim by negotiation within the three-year period, you’ll have to raise a court action to keep the claim alive beyond the deadline – or lose the right to claim for good.


Does my claim need to be settled within the time limit?

No, but you need to register your claim with the court within the three years. Depending on the complexity of your case and the severity of your injuries, it might not be possible to settle your claim within three years. But as long as you have registered your case with the court within the time limit, (known as ‘issuing proceedings’) then there’s no need to worry.


Conclusion

As we’ve seen, understanding the law around personal injury time limits can be complex. Most clients have the typical three years to make a personal injury claim, but it’s important to be aware of the exceptional circumstances where the law allows extra time.

Regardless of the circumstances surrounding your accident, it’s important to contact us to raise a claim at the earliest opportunity. This will ensure we can carry out a thorough investigation, increase the chances of obtaining evidence, and minimise criticism from the other side.

Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.

Considering our services? Call our dedicated team today on 0141 331 6070.