The Three-Year Rule in Scotland

Under the Prescription and Limitation (Scotland) Act 1973, you have three years to raise a personal injury court action. This is known as the "limitation period" or "prescriptive period." After three years, your right to claim is normally lost.

This applies to all personal injury claims — car accidents, workplace injuries, slips and falls, medical negligence, and any other type of injury caused by someone else's fault. Most claims are handled on a No Win No Fee basis.

When Does the Clock Start?

The three-year period usually starts from:

• The date of the accident — in most straightforward cases
• The date of knowledge — when you first became aware that your injury was caused by someone else's negligence (common in industrial disease cases)
• The date of death — in fatal accident claims, relatives have three years from the date of death

Exceptions to the Three-Year Time Limit

• Children — the three-year period does not start until the child turns 16
• Mental incapacity — if the injured person lacks legal capacity, the time limit may be suspended
• Delayed onset injuries — such as asbestos-related diseases or psychological conditions that develop over time
• Criminal Injuries Compensation — CICA claims must be made within two years

Time Limits for Children's Claims in Scotland

In Scotland, a child cannot raise a court action in their own name. A parent or guardian acts as their "litigation friend." However, the three-year limitation period does not begin until the child turns 16, meaning they have until their 19th birthday to claim.

Despite this extended period, it is always better to claim sooner — evidence is fresher, witnesses are easier to find, and medical records are more accurate.

What Happens If I Miss the Time Limit?

If three years pass without raising a court action, you will almost certainly lose the right to claim. Scottish courts are strict about limitation periods. Unlike England, there is very limited discretion for judges to extend the time limit.

If you are approaching the three-year deadline, contact a solicitor immediately. They can protect your position by raising a court action before the deadline, even if the claim itself takes longer to resolve. Request a free consultation.