UK

I'm under 18 and was injured. When does my limitation period start?

Age 18
When time starts
3 years
Limitation period
Under 18
Eligible for extension
s. 28
Relevant section
The Short Answer

If you're under 18 when injured, the 3-year limitation period for a personal injury claim starts on your 18th birthday — not the date of the injury.

What the Law Says

The Limitation Act 1980 sets strict time limits for bringing legal claims — but makes special provision for children.

Normally, you have 3 years from the date of injury to start a personal injury claim. However, if you are under 18 at the time of the injury, the law treats you differently.

Section 28 of the Limitation Act 1980 suspends (‘postpones’) the running of the limitation period until you reach the age of majority — which in England and Wales is 18.

This means the 3-year countdown does not begin until your 18th birthday — giving you until your 21st birthday to issue court proceedings.

Statutory Text

In the case of a person who at the date of the accrual of the cause of action is under a disability by reason of minority… the period of limitation prescribed by this Act shall not begin to run until the disability has ceased.

Limitation Act 1980, s. 28 — Effect of disability

What to Do

1

Note your 18th birthday — that’s when the 3-year clock starts.

2

Gather evidence (e.g., medical records, witness statements) as soon as possible.

3

Speak to a solicitor specialising in child personal injury claims before your 21st birthday.

4

If you’re still under 18, a parent or guardian can act as your ‘litigation friend’ to start a claim on your behalf.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.