Time bar explained – what is it and how can it affect you?

It’s often one of the first things that people think about when considering a personal injury claim. You might wonder ‘How long do I have to make a claim? Have I left it too long?’

Legal issues often come with a sense of urgency but what many people don’t realise is that the law itself places a time limit on how long you have to raise a claim.

No matter how strong a claim is it can be significantly impacted or even prevented entirely if it's raised after the time limit has passed. It's one of the most overlooked aspects of a legal claim and it catches people out frequently.

What is time bar?

Time bar might sound like legal jargon, but it simply refers to the deadline for starting a legal claim. In Scotland you usually have three years to make a claim from the date of the accident. 

There are some situations where the time bar rules can be different, but a legal expert will be able to guide you through this. For example, a child under 18 has until their 16th birthday until the 3-year time bar rules sets into place.  

If you don’t make a claim within this time, you could lose your right to do so. Being aware of it early can make all the difference in ensuring your case has the chance to be heard.

Why should I act quickly?

It’s about giving yourself the time you need to build a strong case. The longer you wait the harder it is to gather key parts of your case in order to have a successful claim such as:

• Witness statements – people’s memory of what happened could change the longer you wait
• Evidence – important paperwork such as police reports, CCTV and insurance documents could be lost or damaged
• Medical care – access to specialist care to help your recovery which can be included in your compensation
• Financial support – If you are unable to work, we can help you access interim payments to cover essential bills while you recover

Gathering all the evidence takes time and this process can be complex and overwhelming, especially when you’re still recovering. However, speaking to someone early gives you a bit of breathing room to collect everything needed and a chance to make informed decisions without pressure.

Imagine you were involved in a car accident - whether it was a minor collision or something more serious. You might not have thought about legal action initially but if over time your injury worsens or causes other problems, you may consider making a road accident claim. The later this happens the harder it will be to gather everything for your case.

Now suppose you’re at work going about your usual tasks when you slip on a wet floor or are injured by faulty equipment. At the time it didn't seem like a priority so you didn't report it or seek legal advice. You might not realise that you’ll still only have three years to raise an accident at work claim against your employer if they failed in their duty to keep you safe.

In both cases, time is ticking and the time bar countdown starts as soon as the accident happens or when you first become aware of the injury.

Taking that first step early on doesn’t mean committing legal action. It means understanding your position, protecting your rights and giving yourself options.

Digby Brown is here to help guide you through this. We understand the deadlines and challenges involved and will give you the support you need.