England and Wales · Personal injury and compensation recovery
What period and facts govern estate personal injury claim in England and Wales?
Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date.
- Period
- Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met
- Trigger
- Death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge
- Rule
- Limitation Act 1980 section 11
The estate personal injury claim guide uses the complete current official Limitation Act 1980 XML acquired for this review, including section 11ZA. Full statutory conditions, transitional application and the actual claim remain necessary; no automatic discretionary relief is assumed.
Source guide · No automated date
Check the applicable procedure
Limitation Act 1980 section 11. Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date. Confirm the actual estate personal injury claim facts before selecting an endpoint. This source guide provides no computed date or paid calculation.
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What period and facts govern estate personal injury claim in England and Wales?
Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date.
Responsible actor. The personal representative pursuing the deceased’s surviving personal injury cause of action.
Death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge
Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date.
The personal representative pursuing the deceased’s surviving personal injury cause of action. Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date.
Limitation Act 1980 section 11How does this provision count time?
- Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met
- Bring the surviving estate action within its applicable period.
- Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date.
For estate personal injury claim, preserve the Act’s actual year-based period and each statutory anchor. Death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge. The source guide does not convert factual knowledge, disability or an extinguishing limit into a date inferred from one accident entry.
For estate personal injury claim, a closed court day does not itself establish statutory tolling or a new limitation period. Verify the legally effective commencement of proceedings and any applicable special regime before relying on a final day.
Limitation Act 1980 section 11Which facts prevent one automatic date?
Limitation Act 1980 section 11. Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date. Confirm the actual estate personal injury claim facts before selecting an endpoint. This source guide provides no computed date or paid calculation.
The personal representative pursuing the deceased’s surviving personal injury cause of action has evidence of death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge. Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met. Bring the surviving estate action within its applicable period. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date. Verify the complete estate personal injury claim facts before relying on a final date.
A proposed estate personal injury claim completion date meets a weekend, holiday or disputed delivery event. For estate personal injury claim, preserve the Act’s actual year-based period and each statutory anchor. Death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge. The source guide does not convert factual knowledge, disability or an extinguishing limit into a date inferred from one accident entry. For estate personal injury claim, a closed court day does not itself establish statutory tolling or a new limitation period. Verify the legally effective commencement of proceedings and any applicable special regime before relying on a final day. Establish the correct estate personal injury claim event, counting route and effective completed act. This guide supplies no substitute calculated date.
Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date. The estate personal injury claim source contract requires death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge. Bring the surviving estate action within its applicable period. Resolve this material branch before selecting a purported deadline.
Which conditions and exceptions apply?
- Actor and completed estate personal injury claim step
- The personal representative pursuing the deceased’s surviving personal injury cause of action. Bring the surviving estate action within its applicable period.
- Controlling estate personal injury claim event and exception
- Death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date.
- Counting and completion for estate personal injury claim
- For estate personal injury claim, preserve the Act’s actual year-based period and each statutory anchor. Death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge. The source guide does not convert factual knowledge, disability or an extinguishing limit into a date inferred from one accident entry. For estate personal injury claim, a closed court day does not itself establish statutory tolling or a new limitation period. Verify the legally effective commencement of proceedings and any applicable special regime before relying on a final day.
- The personal representative pursuing the deceased’s surviving personal injury cause of action. Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date.
- Estate personal injury claim addresses bring the surviving estate action within its applicable period. Personal injury limitation has a separate event and purpose. The other procedure cannot establish this step’s completion or exceptions.
What must the responsible actor complete?
Questions about this procedure
What period and facts govern estate personal injury claim in England and Wales?
What period governs estate personal injury claim?
Section 11(5) provides three years from death or the personal representative’s knowledge, whichever is later, when its death-before-expiry condition is met. Death after the injured person’s ordinary period expired does not itself activate section 11(5). Multiple representatives require the earliest relevant knowledge date.
Limitation Act 1980 section 11Which event controls estate personal injury claim?
Death before expiry of the section 11(4) period, followed by the later of death and the personal representative’s statutory knowledge. The personal representative pursuing the deceased’s surviving personal injury cause of action must preserve the supporting event records.
Limitation Act 1980 section 11What completes estate personal injury claim?
Bring the surviving estate action within its applicable period. The actual completion evidence must match the specified procedure.
Limitation Act 1980 section 11Which representative’s knowledge matters when there are several?
Section 11(7) selects the earliest of the personal representatives’ knowledge dates. The estate cannot select a later-informed representative to restart time.
Limitation Act 1980 section 11Does an executor need probate before knowledge counts?
Section 11(6) includes an executor who has not proved the will, including one who has renounced probate. Relevant knowledge can have been acquired previously.
Limitation Act 1980 section 11Does the child sexual abuse exception automatically cover an estate?
Section 11ZA(9) excludes a surviving estate cause of action unless the injured person brought an action before death. Establish that litigation history separately.
Limitation Act 1980 section 11ZAOfficial sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Limitation Act 1980 section 11 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980 section 14 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980 section 33 | Check the identified procedure, event, counting rule or qualification |
| Limitation Act 1980 section 11ZA | Check the identified procedure, event, counting rule or qualification |