Statute of Limitations in Ireland

Personal injury or serious injury claim

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

In most cases, the limitation period begins on the date of knowledge.

This is the date on which the injured person knew, or ought reasonably to have known, that they had suffered an injury attributable to the negligence of another party.

In many cases, the date of knowledge is the same as the date of the accident.

1.1 Exceptions

There are some circumstances in which the applicable time limit may be altered, including where:

• The injured party has suffered a mental impairment as a result of their injury.
• The relevant injury is so severe that it prevents the injured party from bringing a claim. In these circumstances, the limitation period begins when the injured party is capable of bringing a claim.
• The injured party has been misdiagnosed with an illness. In these circumstances, the limitation period generally begins when the correct diagnosis is made, or when the injured party becomes aware that the injury was caused by another party’s negligence.

This type of situation commonly arises in medical negligence cases, where a person who has received negligent medical treatment may not become aware of their injury until complications develop or they discover that those complications were caused by the treatment.

Cases involving asbestos and acquired injuries

Another exception to the normal principle is asbestos-related disease claims and other industrial diseases that develop over time.

Given the nature of asbestos-related illnesses, an affected person may have no knowledge that they have contracted an asbestos-related disease for many years after exposure.

In these circumstances, the two-year limitation period generally begins when the injured party becomes aware, or ought reasonably to have become aware, that they have developed an asbestos-related disease, such as mesothelioma, and that it is attributable to their exposure.

Similarly, for other occupational diseases, such as repetitive strain injury or carpal tunnel syndrome, the limitation period generally begins on the date of knowledge, when the injured person becomes aware that the condition 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 the age of 18, the statute of limitations operates differently because minors cannot bring a personal injury claim in their own name.

Therefore, the two-year limitation period generally begins on the child’s 18th birthday.

However, a parent or guardian may bring a claim on the child’s behalf at any time before the child reaches age 18. However, a minor may claim before their 18th birthday if their parent or guardian makes the claim on their behalf.

Medical negligence claim

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

The date of knowledge refers to the date on which the claimant became aware, or ought reasonably to have become aware, of their injury and that it was attributable to the negligence of another party.

The claimant’s awareness of the following factors is relevant when determining the date of knowledge:

• The existence of an illness, injury, or misdiagnosis.
• The significance of the illness, injury, or misdiagnosis.
• That the injury was caused by the act or omission of another person.
• The identity of the person or organisation responsible.

This means the date of knowledge may be many years after the event that caused the injury, as a person who has suffered medical negligence may not become aware of it until much later.

2.1 Date of knowledge

The date of knowledge is the date on which the claimant became aware, or ought reasonably to have become aware, that they had suffered an injury caused by medical negligence.

When determining the date of knowledge, the following factors are relevant:

• The existence of an illness, injury, or misdiagnosis.
• The significance of the illness, injury, or misdiagnosis.
• That the injury was caused by the act or omission of another person.
• The identity of the person or organisation responsible.

In many medical negligence claims, the date of knowledge is different from the date of treatment because the effects of negligent treatment may not become apparent until months or even years later.

2.2 Exceptions

If a person is deemed to be under a disability, the limitation period will not begin until they are no longer under that disability.

A person under a disability includes:

• A minor under the age of 18.
• A person who lacks the mental capacity to act on their own behalf.

This may also include someone whose mental capacity has been impaired due to a serious injury, illness, or medical condition, such as being 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 because a minor cannot bring legal proceedings in their own name.

The two-year limitation period generally begins on the later of:

• The child’s 18th birthday; or
• The date of knowledge.

However, a parent or guardian may bring a medical negligence claim on the child’s behalf before the child reaches age 18.

Sexual assault and historical abuse claim

The statute of limitations applicable to sexual assault and historical abuse claims in Ireland depends on the nature of the claim and the defendant against whom proceedings are brought.

Claims brought directly against the perpetrator of a sexual assault are generally subject to a limitation period of six years from the date of the assault.

Claims brought against a school, institution, employer, or other organisation arising from allegations of negligence may be subject to different limitation periods, depending on the circumstances of the case, including the date of knowledge and the applicable legislation.

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

Our sexual assault solicitors can advise you on the limitation period that applies to your specific circumstances, having regard to the complex interaction between the date of knowledge, statutory limitation periods, and the evolving case law in this area.

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, in certain circumstances, be relaxed where it can be shown that the survivor was unable to bring proceedings within the prescribed time limit due to the psychological effects of the abuse.

Whether such an extension is appropriate depends on the particular facts of the case and is often supported by psychiatric or psychological evidence.

Irish courts have, in appropriate circumstances, allowed historical abuse claims to proceed despite the passage of significant time, particularly where the claimant can demonstrate that the effects of the abuse impaired their ability to bring proceedings at an earlier stage.

3.2 Time limit for children

Minors are not legally capable of bringing a claim in their own name, and the limitation period generally does not begin to run until they reach the age of 18.

Alternatively, a parent or guardian may bring a claim on the child’s behalf before the child reaches age 18.

The exception for those who are unable to bring a claim due to the psychological effects of the abuse may also apply to individuals who were abused as children, depending on the circumstances of the case.

claim due to the psychological effects of the assault also extends to those who were assaulted as minors.

Professional negligence caim

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.

The role of IRB

For personal injury claims that fall within the jurisdiction of the Injuries Resolution Board (IRB), including road traffic accidents, workplace accidents, and accidents in public places, the two-year limitation period is suspended once the IRB acknowledges receipt of a valid application.

This suspension is governed by Section 50 of the Personal Injuries Resolution Board Act 2022 and continues until the IRB assessment process has concluded.

Where the IRB issues an Authorisation to bring court proceedings because the respondent has not consented to the assessment, or because the assessment has been rejected, the claimant has a further six months from the date of the Authorisation in which to issue court proceedings.

It is important to submit your IRB application before the limitation period expires, as the suspension of time does not apply retrospectively.

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 another party.

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

Does making an IRB application pause the statute of limitations?

Yes. For personal injury claims within the jurisdiction of the Injuries Resolution Board (IRB), including road traffic accidents, workplace accidents, and accidents in public places, Section 50 of the Personal Injuries Resolution Board Act 2022 suspends the limitation period once the IRB acknowledges receipt of a valid application.

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

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

In limited circumstances, yes.

Examples include:

• You were under the age of 18 at the time of the injury.
• You lacked the mental capacity to bring a claim.
• The date of knowledge occurred after the injury.
• Fraud or deliberate concealment prevented you from discovering the claim.

However, once a claim is statute-barred, the court will generally not allow proceedings to continue. Legal advice should therefore be sought as soon as possible.

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

The limitation period for a medical negligence claim is generally two years less one day from the date of knowledge, being the date on which you became aware, or ought reasonably to have become aware, that your injury or illness was caused by medical negligence.

Unlike most personal injury claims, medical negligence claims do not go through the IRB, and the suspension of the limitation period does not apply.

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

The same two-year limitation period applies to hospital negligence claims.

If you were unaware that negligence had occurred at the time of your treatment, the limitation period generally begins from the date on which you first became aware, or ought reasonably to have become aware, that your injury was caused by negligent treatment.

In cases involving delayed diagnosis or missed diagnosis, the date of knowledge can be particularly important.

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

The applicable limitation period depends on the nature of the claim.

• Claims brought directly against the perpetrator are generally subject to a six-year limitation period.
• Claims against an institution, employer, school, or organisation for negligently permitting abuse to occur are generally subject to a two-year limitation period from the date of the assault or the date of knowledge.

Our sexual assault solicitors can advise you on the limitation period that applies to your particular circumstances.

Does the statute of limitations apply to child injury claims?

No. The limitation period does not begin to run against a child until they reach the age of 18.

In most cases, the two-year period begins on the child’s 18th birthday or the date of knowledge, whichever is later.

A parent or guardian may also bring a claim on behalf of a child before they reach 18 years of age.

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

For asbestos-related illnesses, including mesothelioma, the limitation period generally begins on the date of knowledge, rather than the date of asbestos exposure.

As asbestos-related diseases often develop decades after exposure, it is important to seek legal advice as soon as a diagnosis is received.

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

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

Different limitation periods may apply to specific types of claims. For example, defamation claims are generally subject to a one-year limitation period, which may be extended to two years by the court in limited circumstances.

Legal advice should be sought to determine the limitation period applicable to your case.

Additional Resources

For general guidance on the 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 and subsequent amendments is available on the Irish Statute Book.

For information on making a personal injury application, visit the Injuries Resolution Board (IRB).

Coleman Legal LLP acts on behalf of claimants across a wide range of personal injury, medical negligence, and civil litigation matters.