QUICK ANSWER
In Scotland you usually have 3 years to make a personal injury claim, under the Prescription and Limitation (Scotland) Act 1973. The 3 years runs from the date of the accident, or from the date you knew (or could reasonably have known) that your injury was caused by someone else — which matters for industrial disease and medical negligence. For children the 3 years starts at 16, so they have until their 19th birthday, and fatal claims run for 3 years from the date of death. Some claims have shorter limits, such as 2 years for criminal injuries compensation. Scottish Claims Helpline can check your deadline in a free, no obligation assessment.
The 3-Year Rule
Section 17 of the Prescription and Limitation (Scotland) Act 1973 sets the basic rule: a claim for personal injury must be brought within 3 years. “Brought” means that court proceedings have been raised — in the Sheriff Court or the Court of Session — not simply that you have contacted a solicitor or the insurer. Most claims settle without going to court, but if a claim has not settled as the deadline approaches, your solicitor must raise an action before it passes. Negotiating with an insurer does not stop the clock.
When Does the Clock Start?
For most accidents — road traffic accidents, accidents at work and accidents in public places — the 3 years runs from the date of the accident. But the Act recognises that some injuries are not obvious straight away. The clock can instead start from the date of knowledge: the date you became aware, or could reasonably have become aware, that your injury was serious enough to justify a claim, that it was caused by someone's act or omission, and who that person was.
The date of knowledge is especially important for industrial disease, where conditions such as asbestos-related disease, industrial deafness and vibration white finger appear years or decades after the exposure, and for medical negligence, where you may not learn that treatment went wrong until later. Being told by a doctor that your condition may be work-related, or learning that a diagnosis was missed, is often the moment the clock starts.
Children and Adults Who Lack Capacity
Time does not run while the injured person is under 16. A child injured at any age therefore has until their 19th birthday to claim, although a parent or guardian can claim on their behalf at any time before then. Time also does not run while a person is of unsound mind and unable to manage their own affairs, which protects people left with serious brain injuries.
Fatal Claims
When someone dies as a result of an accident or illness, their family's claim must be brought within 3 years of the date of death under section 18 of the Act. If the person who died had not yet claimed, that claim passes to their estate and can be continued. See fatal accident claims.
Time Limits at a Glance
The limits below are the general rules. Your own deadline depends on the facts of your case, so it is always worth checking early.
| Type of Claim |
Time Limit |
| Accident claims — road, work and public place | 3 years from the accident |
| Industrial disease and medical negligence | 3 years from the date of knowledge |
| Fatal claims by the family | 3 years from the date of death |
| Child injured under 16 | Until their 19th birthday |
| Childhood abuse | No time limit |
| Criminal injuries (CICA) | 2 years from the incident |
| Armed Forces Compensation Scheme | Usually 7 years |
| Accidents on flights and cruises | Often 2 years |
| Professional negligence (financial loss) | 5 years from knowledge of the loss |
| Equal pay (Employment Tribunal) | Usually 6 months after leaving the job |
General rules only. Flight and cruise limits come from the Montreal and Athens Conventions; Armed Forces Compensation Scheme limits have exceptions for late-onset illness.
Don't wait for the deadline. Even when you have time left, evidence fades quickly: CCTV is overwritten within weeks, witnesses move on and memories blur. Solicitors also need time to obtain medical records and expert reports before court proceedings can be raised. Starting early protects both your deadline and the strength of your claim.
Missed the Deadline?
A claim brought after the 3 years is not automatically lost. Section 19A of the Act gives the court discretion to allow a late claim where it is equitable to do so, weighing up the reasons for the delay and the prejudice to each side. The discretion is used sparingly, so it should never be relied on — but if you think you may be out of time, it is still worth getting advice. Claims for childhood abuse are different: since the Limitation (Childhood Abuse) (Scotland) Act 2017, there is no time limit for them at all.
Claims With Shorter or Different Limits
Some claims do not follow the 3-year rule. Applications to the Criminal Injuries Compensation Authority must be made within 2 years of the incident. Claims under the Armed Forces Compensation Scheme usually have 7 years, while a civil claim against the Ministry of Defence follows the normal 3-year rule — see uniformed services claims. Accidents abroad can be subject to shorter foreign or international limits. Professional negligence claims for financial loss run for 5 years, and equal pay claims usually have to reach the Employment Tribunal within 6 months of leaving the job.
Time Limits — Frequently Asked Questions
Usually 3 years, under section 17 of the Prescription and Limitation (Scotland) Act 1973. The 3 years runs from the date of the accident or from your date of knowledge — the date you knew, or could reasonably have known, that your injury was caused by someone else.
The clock starts from your date of knowledge: when you became aware, or could reasonably have become aware, that your injury was serious enough to claim for, that it was caused by someone's act or omission, and who was responsible. This is common in industrial disease and medical negligence claims.
Time does not run until a child turns 16, so they have until their 19th birthday to claim. A parent or guardian can bring the claim on the child's behalf at any time before then.
Possibly. Section 19A of the Prescription and Limitation (Scotland) Act 1973 lets the court allow a late claim where it is equitable, but this discretion is used sparingly. There is no time limit at all for claims arising from childhood abuse.
3 years from the date of the negligent treatment or, if later, from the date you knew or could reasonably have known that your injury was caused by negligent treatment.
Applications to the Criminal Injuries Compensation Authority must usually be made within 2 years of the incident. You can apply to the CICA yourself, free of charge.
No. Only raising court proceedings stops the time limit running. If a claim has not settled as the deadline approaches, your solicitor must raise an action in the Sheriff Court or Court of Session before it passes.
How Do I Start My Claim?
Contact Scottish Claims Helpline for a free, no obligation assessment. We will check the time limit that applies to your claim and connect you with a specialist Scottish solicitor on a no win no fee basis. It takes 2 minutes and you pay nothing unless your claim succeeds.
About this page: Written by
David Gildea, Claims Manager and qualified Scottish paralegal at Scottish Claims Helpline. Last reviewed: September 2026. Scottish Claims Helpline is authorised and regulated by the Financial Conduct Authority (
FRN 830381).