In this article, we will explain:
- How long your personal injury claim might take
- The time limits you need to be aware of
How long does it take to make a personal injury claim?
It can be difficult to estimate how long it takes to recover compensation as there are a range of factors which come into play, including court availability, medical expert availability and the approach taken by those defending the claim. Whilst most claims resolve within twelve to eighteen months, your claim may resolve quicker than this. Sometimes it can take several years to achieve a successful conclusion.
Claims often resolve pre-litigation following negotiations, before a court action is raised. In many cases, it will be necessary to raise a court action to allow you to maximise the compensation available to you.
How long do I have to pursue a personal injury claim?
If you or a loved one are considering pursuing a personal injury claim, the most important thing to know is how long you have to do so. In Scotland, the Court has fixed timescales for individuals to raise a court action for compensation. The time limit is calculated from the date you were injured, or the date that you first became aware of the injury.
Typically for personal injury claims, an individual has three years from the date they were injured to raise a court action.
For instance, if you were involved in a road traffic collision on 2 January 2026, the last date you would be entitled to raise an action would be 1 January 2029. This time limit is known as the "triennium". After 1 January 2029, the claim would be "timebarred", which means you are no longer entitled to raise a court action, without permission from the court.
How long do I have to pursue a medical negligence claim?
In medical negligence claims, the date of injury may not always be known until a later date. The three-year limit runs from the date you first became aware you had suffered an injury due to potential negligence. This is known as the date of knowledge.
For example, you may have surgery on 1 January 2026 but not know that the surgeon provided negligent treatment until six months later when other examinations showed a problem. You learn on 1 June 2026 that the surgery was not carried out correctly. You would then be entitled to raise an action for three years from that date until 31 May 2029. After this point, the claim would be timebarred.
How long do I have to pursue a claim for injury sustained as a child?
In Scotland, the Court makes an exception to the rule in cases where a child has sustained an injury. In these circumstances, the three-year time limit does not begin until the child turns 16.
For example, if your child was injured at school as the result of poor supervision when they were ten years old, they are entitled to raise a claim at any point between the date of the accident and their 19th birthday. They would have over three years from the date of the accident to pursue a claim.
However, as their parent or guardian, you are entitled to raise a claim on their behalf before their 16th birthday.
How long do I have to pursue a claim related to injuries with delayed onset?
Some injuries, like hearing loss or mesothelioma for example, develop at a later date. You wouldn't necessarily be able to pinpoint an exact date when the injury occurred. In these circumstances, the time limit would run from the date of diagnosis.
For example, you may have worked with asbestos in the 1970s and were not provided with PPE by your employer. Several decades later, you develop an asbestos-related disease, such as pleural plaques, asbestosis or mesothelioma. After attending medical appointments, you are diagnosed with an asbestos-related disease on 2 January 2026. You are entitled to raise an action until 1 January 2029 despite the negligence occurring many decades earlier.
If you would like specific, tailored advice about a potential claim, please contact the MFMac Personal Injury Team or call 0131 247 1000 for a free, confidential discussion.
