§ GUIDE · TIME LIMITS
The three-year rule,
and its exceptions.
Most medical negligence claims in England and Wales must be started within three years — but the clock often starts later than people think, and for children and people who lack capacity it may not have started at all.
Standard limit
3 years
Injured as a child
Until 21st birthday
Lacks mental capacity
No limit
After a death
3 yrs from death
§ THE BASIC RULE
Three years from injury — or from when you knew.
Under the Limitation Act 1980, a claim for personal injury caused by negligent medical treatment must be issued at court within three years. The three years run from the later of two dates:
- the date the negligent treatment (or the injury it caused) happened; or
- your date of knowledge — the date you first knew, or could reasonably have found out, that you had a significant injury, that it was attributable to the treatment, and who was responsible.
The second date matters enormously in medical cases. A missed diagnosis may not be discovered for years. A surgical complication may be explained away as an unavoidable risk until a second opinion says otherwise. In both cases the three years run from when you learned the truth, not from the original treatment.
“Issued at court” is the deadline — not the date you first contact a solicitor, and not the date of a letter of claim. Investigating a claim properly takes months, which is why specialist firms want to hear from you well inside the three years.
§ EXCEPTIONS
When the clock starts later, or not at all.
Children
The three years do not begin until the child turns 18, so a claim can be brought at any time up to their 21st birthday. A parent can bring it sooner on the child's behalf — birth injury and cerebral palsy claims are routinely started years after the birth.
People who lack mental capacity
No time limit runs while a person lacks the capacity to manage their own affairs, for example after a severe brain injury. If capacity is later regained, three years run from then. A litigation friend can claim on their behalf meanwhile.
Fatal claims
Three years from the date of death, or from the date the family or personal representative first knew negligent care might have caused it. If the person who died was already out of time for their own claim, the family's claim can be barred — take advice early.
The court's discretion
Under section 33 of the Act a court can allow a claim to proceed out of time if it is fair to do so, weighing the reasons for the delay and the effect on the evidence. It is a genuine safety net but an unpredictable one — never rely on it if you can still claim in time.
§ TWO CLOCKS, NOT ONE
A complaint does not pause a claim.
The NHS complaints process has its own, shorter limit — normally 12 months from the event or from when you became aware of it — and it cannot award compensation. A claim for compensation is a separate legal process with the three-year limit described above. Making a complaint is often sensible and can produce useful information, but it does not stop the three years running.
If your deadline is close, contact a specialist solicitor immediately. Where there is not enough time to investigate first, a firm can issue protective proceedings to preserve the claim, or agree a standstill agreement with the defendant, and complete the investigation afterwards.
The rules above are for England and Wales. Scotland and Northern Ireland also use three years, but the detail differs — if your treatment was in Scotland, say so in the assessment so the Scottish rules are applied.
§ QUESTIONS
Common questions
Can I claim for medical negligence after 10 years?
Sometimes. The three years run from the date you first knew — or could reasonably have known — that your injury was significant and might be linked to the treatment, which can be much later than the treatment itself. Claims for someone injured as a child, or for someone who lacks mental capacity, also start the clock later or not at all. And a court has a discretion to allow a late claim in some circumstances. It is worth checking rather than assuming you are out of time.
Does the three years run from the treatment or from when I found out?
Whichever is later. The Limitation Act 1980 starts the clock on the date of the injury or on your 'date of knowledge' — the date you knew you had a significant injury, that it was caused by the treatment, and who was responsible. If you were told for years that a complication was 'just one of those things', your date of knowledge may be when you learned otherwise.
What is the time limit for a child's medical negligence claim?
The three years do not start until the child's 18th birthday, so a claim can be brought at any time before they turn 21. A parent or guardian can bring it on the child's behalf at any point before then — birth injury claims, for example, are often brought years after the birth.
Is there a time limit if the person lacks mental capacity?
No limit runs while a person lacks the mental capacity to manage their own affairs — for example after a severe brain injury. The three years only begin if and when they regain capacity. A litigation friend can bring the claim for them in the meantime.
What is the time limit after a death?
Three years from the date of death, or from the date the personal representative or dependant first knew the death might have been caused by negligent care. If the person who died had already been out of time for their own claim, that can bar the family's claim, so take advice early.
Does making an NHS complaint stop the clock?
No. The NHS complaints process and a compensation claim are completely separate. A complaint should be made within 12 months of the problem; a claim has its own three-year limit, and the complaint does not pause it. You can do both, but do not let a long complaint process eat your three years.
What if I am close to the deadline?
Speak to a specialist solicitor straight away — do not wait for records or a complaint response. If the limit is imminent, a firm can issue protective court proceedings to preserve the claim, or agree a standstill with the defendant, while the investigation continues.
Are the time limits the same in Scotland and Northern Ireland?
The basic period is also three years in Scotland (Prescription and Limitation (Scotland) Act 1973) and Northern Ireland (Limitation (Northern Ireland) Order 1989), with similar rules on date of knowledge and children, but the detail differs. This guide describes the law of England and Wales; if your treatment was in Scotland, say so in the assessment and the solicitor will apply the Scottish rules.
§ MORE GUIDES
Plain answers to the other questions people ask.
Payout examples →
UK medical negligence payout examples by claim type, typical compensation ranges, and what decides the amount. Then check your own claim free.
Fatal negligence payouts →
What compensation after a death caused by medical negligence can include: the bereavement award, dependency, funeral costs and the estate's claim.
How long claims take →
How long medical negligence claims really take, stage by stage, using official NHS Resolution timing data — and what slows a claim down.
Can you sue the NHS? →
Yes — you can claim against the NHS for negligent care. What you have to show, claim vs complaint, time limits, costs, and what compensation covers.
NHS payout data →
Official NHS Resolution figures, band by band, for 2024/25.
This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.