Most legal claims have a deadline. This is often called a limitation period.
If the deadline is missed, you may lose the right to bring the claim, even if the claim itself appears strong. This can happen even where the other side has been corresponding with you, an insurer is involved, negotiations are ongoing, or evidence is still being gathered.
If you are worried that you are running out of time to bring a claim, it is important to get advice quickly.
Havard Law Solicitors can review the position, explain what deadline may apply, and help you understand what urgent steps may be needed to protect your claim.
What is a limitation period?
A limitation period is the legal time limit for starting a claim.
In many cases, the deadline is not protected simply by contacting the other side, making a complaint, writing to an insurer, opening correspondence, negotiating settlement, obtaining medical evidence, or waiting for a response.
Depending on the type of claim, the deadline may only be protected once formal court proceedings have been started correctly.
That is why limitation needs to be treated carefully. If a deadline is close, it may be necessary to act urgently, even if the claim is not yet fully prepared.
When might you need urgent help?
You may need urgent advice if your accident, injury, treatment, dispute or legal issue happened some time ago and you are unsure how much time is left.
This can happen where you have been dealing with an insurer yourself, waiting for medical evidence, corresponding with the other side, relying on another firm, trying to settle the matter informally, or waiting for documents.
You may also need help if you have received no clear advice about the deadline, if a previous solicitor has stopped acting, if the other side has asked for more time, or if you are unsure whether a claim has already been protected.
When limitation is close, speed is often more important than having every document available at the start.
Common limitation periods
The time limit depends on the type of claim. The examples below are general guidance for claims in England and Wales. The exact deadline should always be checked against the facts of the case.
For many personal injury claims, the usual deadline is three years. This can include road traffic accidents, accidents at work, slips, trips and falls, accidents in public places, cycling accidents, motorcycle accidents, pedestrian accidents and injury claims involving defective products. The three year period will often run from the date of the accident or the date you first knew that your injury was linked to the accident.
For many clinical negligence claims, the usual deadline is also three years. This may run from the date of the treatment or from the date you first realised that your injury may have been caused by poor medical care. These claims can be more complicated where the problem was not immediately obvious.
For claims involving children, the usual position in many personal injury and clinical negligence claims is that the three year period does not begin until the child turns 18. This means the claim will often need to be started before the child turns 21. A parent, guardian or suitable adult may be able to bring the claim earlier on the child’s behalf.
For claims involving a person who lacks mental capacity to manage their own legal affairs, different rules may apply. In some cases, the usual time limit may not run while the person continues to lack capacity. These cases need careful review.
For fatal accident claims, the usual deadline is often three years. This may run from the date of death or the date when the family or personal representatives first knew that the death may have been caused by the accident, treatment or incident.
For many contract disputes, debt claims and property damage claims, the usual deadline is often six years. This may include unpaid invoices, failed services, breach of contract, business disputes, vehicle damage, building damage and damage to personal belongings. If the contract was signed as a deed, a longer period may apply.
Professional negligence claims can also involve different limitation rules. The general deadline is often six years, but this may not be the end of the analysis. Where a loss was not discovered straight away, other rules and long stop dates may need to be considered.
Some claims have much shorter deadlines. Employment Tribunal claims often have very short time limits and ACAS Early Conciliation may need to be started in time. Defamation claims usually have a short deadline. Human rights claims and judicial review claims can also require urgent action, with judicial review needing to be brought promptly and, in many cases, no later than three months from the decision being challenged. Criminal Injuries Compensation Authority claims are also usually subject to a short application deadline.
Because limitation can be technical, you should not assume the deadline without taking advice.
Why limitation can be urgent
A claim can become time limited even where it still feels active.
This may happen where the insurer is corresponding with you, the other side has admitted fault, settlement discussions are ongoing, medical evidence is not ready, treatment is continuing, documents are still awaited, the claim has not yet been valued, or the other side has asked for more time.
It is important not to rely on discussions alone. If the deadline is close, the safest step may be to formally start the claim at court, or in some cases agree a proper standstill agreement, before the deadline expires.
What is a standstill agreement?
A standstill agreement is a written agreement between the parties to pause or extend the limitation deadline.
In some cases, this can avoid the need to start court proceedings immediately. It may allow more time to investigate the claim, gather evidence or continue negotiations.
However, a standstill agreement must be agreed properly and in time. If the other side does not agree, or if there is not enough time to put the agreement in place safely, court proceedings may still be needed.
You should not rely on informal comments, emails or ongoing discussions unless proper legal advice has been taken.
How Havard Law Solicitors can help
Where a limitation deadline is approaching, Havard Law Solicitors can act quickly and focus on the urgent steps needed to protect your position.
We can review the type of claim, the key dates, when the issue first happened, when you first became aware of the problem, what steps have already been taken, whether any court papers have been issued, and whether another solicitor, insurer or other party is already involved.
We can then consider what deadline may apply, whether the claim can still be protected, what information is urgently needed, and whether the other side should be contacted.
If appropriate, we can consider whether a standstill agreement may be possible. If the deadline is very close, we can advise whether court proceedings may need to be issued urgently to protect the claim.
Starting court proceedings does not mean the case will definitely go to trial. Many claims continue to be investigated, negotiated and settled after proceedings have been started.
What information should you send if time is short?
If you are worried about a deadline, it is helpful to send as much key information as possible straight away.
This may include the date of the accident, incident, treatment, decision or dispute, your full name and contact details, the names and addresses of the other parties, any insurer details, accident report forms, police reference numbers, photographs, video footage, medical records, hospital letters, details of injuries or losses, proof of time off work, wage slips, receipts, invoices, letters or emails from insurers, correspondence from previous solicitors, any court documents and any offers made by the other side.
Do not delay because you do not have everything. Where limitation is close, it is usually better to make contact quickly and explain what documents are available.
Case study style example: urgent limitation review
A client may contact Havard Law Solicitors where an accident happened nearly three years ago and the claim has not yet been issued at court.
The client may have been corresponding with an insurer, waiting for medical evidence or trying to deal with the claim themselves. They may believe the claim is progressing, but the limitation deadline may still be approaching.
In that situation, the first priority is to review the key dates and establish whether urgent action is needed. This may involve checking the accident date, reviewing correspondence, confirming whether proceedings have already been issued, identifying the correct defendant and considering whether there is enough information to protect the claim.
If there is time, the other side may be asked whether they will agree a standstill agreement. If there is not enough time, or if the other side does not agree, urgent court action may be needed.
Once the immediate limitation risk has been addressed, the claim can continue to be prepared properly. This may include medical evidence, witness evidence, financial loss evidence and settlement negotiations.
Speak to Havard Law urgently
If you think your claim may be close to a deadline, contact Havard Law Solicitors as soon as possible.
Please mark your enquiry as urgent and include the date of the accident, incident, treatment, decision or dispute.
To speak to Havard Law Solicitors, call 0151 556 1234 or email info@havardlaw.co.uk with a short summary of what happened, when it happened, who was involved, and what steps have already been taken.
A member of the team can review the information and explain the next steps in clear, practical terms.
