Quick answer
In Scotland, the general time limit for personal injury claims is three years from the date of the accident, or from the date of knowledge — whichever is later. Different rules apply for children, adults lacking capacity, industrial disease and fatal accident claims.
The Three-Year Limitation Period in Scotland
If you have been injured in an accident in Scotland, you generally have three years from the date of the accident to raise court proceedings. This three-year period is often called the triennium and is governed by the Prescription and Limitation (Scotland) Act 1973. If proceedings are not raised in time, the action may become time-barred. Section 19A gives the court a discretion to allow an otherwise time-barred action, but an extension should never be assumed.
What is the "Date of Knowledge"?
The three-year period does not always run from the date of the accident. In some cases, it runs from the "date of knowledge" — the date when you first knew, or ought reasonably to have known, all of the following:
- That the injury or condition was significant
- That it was caused by an act or omission of another person or organisation
- The identity of that person or organisation
The date of knowledge rule is particularly important in medical negligence and industrial disease claims, where the connection between a harmful act or exposure and a resulting condition may not be apparent for years.
Industrial Disease: When Does the Clock Start?
Workers exposed to harmful substances or conditions at work — asbestos, excessive noise, vibrating tools — may not develop symptoms until many years or even decades later. In these cases, the three-year period runs from the date you were diagnosed, or from the date you first knew that your condition was caused by your working conditions. This means that claims can often be made many years after the original exposure occurred.
Time Limits for Children
In Scotland, the general position is that the three-year period does not begin to run until a child reaches the age of 16. This means a child who was injured at age 10 would, in most cases, have until their 19th birthday to bring a claim. However, a parent or guardian can bring a claim on the child's behalf during their minority — and it is generally advisable to do so to preserve evidence.
Adults Lacking Legal Capacity
Adults who lack legal capacity due to mental incapacity are protected under the Adults with Incapacity (Scotland) Act 2000. The limitation period is generally suspended for as long as the adult lacks capacity. If you are acting as guardian or welfare attorney for a person who has been injured, seek legal advice promptly.
Medical Negligence: Date of Knowledge
In clinical negligence cases, patients may not immediately know that their harm was caused by a medical error rather than an unavoidable complication. The date of knowledge is the date when you knew — or ought reasonably to have known — that your harm was caused by negligent medical care. This can extend the time in which a claim can be made, but identifying the date of knowledge in complex cases often requires expert advice.
Fatal Accident Claims
Where a person has died as a result of negligence, the family may bring a claim under the Damages (Scotland) Act 2011. The time limit is generally three years from the date of death, or three years from the date the family became aware that the death was caused by another party's negligence.
Criminal Injury Claims — CICA
If you are claiming compensation through the Criminal Injuries Compensation Authority (CICA) following a violent crime, the time limit is generally two years from the date of the crime. This is shorter than the standard personal injury limitation period.
What Happens If You Miss the Deadline?
Section 19A of the 1973 Act gives the court discretion to allow an action despite expiry of the ordinary limitation period. That decision is fact-sensitive and uncertain; it is not a substitute for raising proceedings on time. Seek advice promptly after an accident, diagnosis or possible date of knowledge.
Why You Should Act Early
Even if your three-year period has not expired, there are important reasons not to delay:
- Evidence can be lost or destroyed — CCTV footage may be overwritten within weeks
- Witnesses' memories fade over time
- Medical evidence is strongest when obtained closest to the accident
- Early legal advice allows you to understand your position and make informed decisions