Statute of Limitations in Ireland

Personal Injury or Serious Injury Claim

The statute of limitations for bringing a personal injury claim is two years and one day.

The clock starts running from the date of knowledge.

The date of knowledge is the date on which the injured person became aware they were injured; it was a significant injury, and the at-fault party’s negligence caused it.

Often, this date will be the day of the accident; however, in some cases, an injury does not manifest immediately after the incident.

1.1 Exceptions

There are some circumstances in which the applicable time limit may be altered, such as

• Where the injured party has suffered a mental impairment as a result of their injury
• Where the relevant injury is so severe that it prevents the injured party from claiming. In these circumstances, the clock starts running from the date the injured party can bring a claim.
• Where the injured party has been misdiagnosed with an illness. In these circumstances, the clock starts running from the date they are diagnosed correctly.
• This type of situation can arise in medical negligence cases, where a person who receives a negligent medical procedure may not be aware of the injury until it causes problems, or until they become aware that such problems arose as a consequence of a particular procedure.

Cases involving asbestos and acquired Injury

Another exception to the normal principle that the date of injury and the date of knowledge are the same is asbestos-related injury cases and other industrial diseases that have been acquired over a period of time.

Given the nature of asbestos-related injuries, those affected may have no knowledge that they have contracted an asbestos-related injury for many years after exposure.

In these circumstances, the two-year time limit starts from when the injured party becomes aware that they have contracted an asbestos-related injury, such as mesothelioma.

Although other industrial diseases may not necessarily be as severe as mesothelioma, such as repetitive strain injury or carpal tunnel syndrome, the Statute of Limitations for personal injury compensation claims in Ireland starts from the day on which the plaintiff is diagnosed with an injury which is attributable to the negligence of a party who owed them a duty of care.

1.2 Time limit for children

If the injured party is under 18, the statute of limitations operates differently because minors cannot bring a personal injury claim themselves.

Therefore, the two-year limit starts from the child’s 18th birthday.

However, a minor may claim before their 18th birthday if their parent or guardian will bring it on their behalf.

Medical Negligence Claim

Where an injury is suffered due to medical negligence, the statute of limitations is two years less than a day from the date of knowledge.

This refers to the date the claimant became aware of their injury.

The claimant’s awareness of four different factors is relevant to determining the date of knowledge

• The existence of an illness/injury/misdiagnosis
• The significance of said illness/injury/misdiagnosis
• The injury was directly caused by the action/inaction of another
• The identity of the wrongdoer

This means that the date of knowledge may be many years after the event which caused the injury, as, often with medical negligence, the injured has no way of knowing of the negligence until much later.

2.1 Date of knowledge

This refers to the date the claimant became aware of their injury.

The claimant’s awareness of four different factors is relevant to determining the date of knowledge

• The existence of an illness/injury/misdiagnosis
• The significance of said illness/injury/misdiagnosis
• The injury was directly caused by the action/inaction of another
• The identity of the wrongdoer

This means that the date of knowledge may be many years after the event which caused the injury, as, often with medical negligence, the injured has no way of knowing of the negligence until much later.

2.2 Exceptions

If someone is deemed to be under a disability, the clock will not start running until they are no longer under such disability.

A person under a disability is defined as

• A minor, under the age of 18.
• A person of unsound mind who lacks the mental capacity to act on their own behalf
• Unsound mind may also extend to an impaired state of mind, for example, where someone has been in a coma.

2.3 Time limit for children

If the injured party is under the age of 18, the statute of limitations operates differently, as minors cannot take a personal injury claim themselves.

Therefore, the two-year limit begins on the later of the child’s 18th birthday or the date of knowledge.

However, a minor may make a claim before their 18th birthday if their parent or guardian brings it on their behalf.

Sexual Assault and Historical Abuse Claim

The statute of limitations periods applicable to sexual assault and historical abuse claims in Ireland differ depending on the nature of the claim:

• Claims brought directly against a perpetrator of sexual assault: the claimant has six years from the date of the assault to initiate proceedings.
• Claims brought against a school, institution, employer, or association for negligently allowing the abuse to occur: the time limit is two years from the date of the assault or the date of knowledge.

Our sexual abuse and assault services team advises survivors of both recent and historical abuse, including those who experienced abuse in schools, residential institutions, and religious settings.

Our sexual assault solicitors can advise on the applicable limitation period in your specific circumstances, having regard to the complex interaction between the date of knowledge and the statutory time limits.

We also advise on historical abuse in religious institutions and institutional abuse claims across all categories of residential care.

3.1 Exceptions

The statute of limitations in the context of sexual abuse may be relaxed if it can be shown that the victim was unable to bring proceedings within the prescribed time frame due to the psychological effects of the abuse.

Whether such an extension may be appropriate is a matter of psychiatric opinion.

It is important to note that Irish courts have, in certain circumstances, been willing to allow historical abuse claims to proceed even where significant time has elapsed, particularly where the claimant can demonstrate that the abuse itself impaired their capacity to bring a claim at an earlier stage.

3.2 Time Limit for Children

Minors are considered incapable of bringing a claim independently, so the time limit will not start running until they reach the age of 18.

Alternatively, a parent or guardian may bring a claim on their behalf.

The exception for those who are deemed incapable of bringing a claim due to the psychological effects of the assault also extends to those who were assaulted as minors.

Professional Negligence Claim

The statute of limitations for a professional negligence claim is generally 6 years from the date of the negligence. However, this limit may vary depending on the nature of the complaint.

It is advisable to discuss your specific circumstances with a solicitor in order to ascertain the time limit which applies to you.

Suspending the Statute of Limitations — The Role of PIAB

For personal injury claims that fall within the jurisdiction of the Personal Injuries Assessment Board (PIAB), which includes road traffic, workplace, and public liability claims, the two-year limitation period is suspended once PIAB acknowledges safe receipt of the application.

This suspension is governed by Section 50 of the Personal Injuries Assessment Board Act 2003 and continues until the PIAB assessment process is complete.

Where PIAB issues an authorisation to bring court proceedings (because the other party has rejected assessment, or because assessment has concluded without agreement), a further period of six months from the date of the authorisation is also provided in which to issue proceedings.

It is crucial, however, to initiate the PIAB process before the two-year limitation period expires, as the suspension does not apply retroactively.

Read our guide to making a personal injury claim application for step-by-step information on the process.

Frequently Asked Questions

How long do I have to make a personal injury claim in Ireland?

You generally have two years less one day from the date of knowledge to bring a personal injury claim in Ireland.

The date of knowledge is when you became aware or ought reasonably to have become aware that you had suffered a significant injury attributable to another party’s negligence.

What is the date of knowledge in Irish personal injury law?

The date of knowledge is the date on which a claimant became aware, or ought reasonably to have become aware, that they had suffered a significant injury and that the injury was caused by the act or omission of a third party.

It may be the same as the accident date, or a later date when the injury was not immediately apparent.

Does making a PIAB application pause the statute of limitations?

Yes, for personal injury claims within PIAB’s jurisdiction (road traffic, workplace, and public liability), Section 50 of the PIAB Act 2003 suspends the limitation period once PIAB acknowledges receipt of a completed application.

This suspension does not apply to medical negligence claims, which are excluded from the PIAB system.

Can I still make a claim if the two-year period has already passed?

In very limited circumstances, yes, for example, where a disability has prevented the limitation period from running, where fraud or deliberate concealment is involved, or where you were a minor at the time of the incident.

However, once a claim is statute-barred, the court generally has no discretion to extend time. Legal advice should be sought urgently.

What is the statute of limitations for medical negligence in Ireland?

The limitation period for medical negligence in Ireland is two years less one day from the date of knowledge, that is, the date on which you became aware that a healthcare provider’s negligence caused or contributed to your injury or illness.

Unlike personal injury claims, medical negligence proceedings cannot be commenced through PIAB, and the PIAB suspension mechanism does not apply. See our medical negligence claims guide for further information.

How long do I have to make a medical negligence claim for hospital treatment?

The same two-year limitation period applies to hospital negligence claims as to all medical negligence actions.

If you were unaware, at the time of your treatment, that negligence had occurred, the two years run from the date on which you first had, or ought to have had, that knowledge.

In complex cases involving missed diagnoses or delayed treatment, the date of knowledge question can be significant.

What is the time limit for a sexual assault claim in Ireland?

Where a claim is brought directly against the perpetrator of a sexual assault, the limitation period is six years from the date of the assault.

Where proceedings are brought against an institution, employer, or association for negligently permitting abuse to occur, the period is two years from the date of the assault or date of knowledge.

Our sexual assault solicitors can advise on the applicable period in your case.

Does the statute of limitations apply to child injury claims?

The limitation period does not run against a minor.

For child injury claims, the two-year period begins on the child’s 18th birthday or on the date of knowledge, if that is later.

This means a child injured at age 8 may have until the age of 20 to bring a claim. See our child’s personal injury claims page for more information.

How long do I have to claim for an asbestos-related illness or mesothelioma?

For asbestos-related conditions such as mesothelioma, the two-year limitation period runs from the date on which you became aware of your diagnosis, not from the date of the original asbestos exposure, which may have occurred decades earlier.

Given the urgency of mesothelioma, it is critical to seek legal advice immediately upon diagnosis. See our mesothelioma claims guide.

What is the limitation period for a contract dispute or property claim?

The general limitation period for breach of contract and property-related actions in Ireland is six years from the date on which the cause of action arose.

For defamation, the period is one year from publication, extendable at the court’s discretion to two years. Specialist legal advice should be sought on the applicable period for any non-personal injury claim.

Additional Resources

For general guidance on statute of limitations in Ireland, Citizens Information provides an accessible overview of time limits for civil legal actions.

The full text of the Statute of Limitations 1957 is available on the Irish Statute Book.

For information on making a personal injury application, visit the Personal Injuries Assessment Board (Injuries Board) directly.

Coleman Legal LLP acts on behalf of claimants across all areas of personal injury and civil law.

Whether you have a question about your limitation period or are ready to commence a claim, contact us on Freefone 1800 844 104 or visit our personal injury services page to learn more about how we can help.