Strict time limits apply to making a clinical negligence claim.
These time limits vary depending upon the circumstances of your claim. Therefore it is important that you seek legal advice as soon as possible. One of our solicitors will be able to discuss any issues around time limits during your free consultation.
Generally you have three years to make a claim from:
(a) The date the negligent treatment occurred; or
(b) The date that you became aware your injury was linked to a medical error. Note this is not necessarily the same date that the error occurred and/or you suffered the injury.
It is important to understand that in order “to make a claim” for the purposes of satisfying the time limits Court proceedings need to be issued at Court. Failure to do so could result in you losing your right to bring a claim. In order to allow enough time for Court proceedings to be issued you should seek legal advice as soon as possible.
Are there exceptions?
Yes, there are some exceptions to the three year time limit.
The time limit does not apply for claims made by children under the age of 18. The three year time period therefore only starts on the child’s 18th birthday which means a claim must be made by the child’s 21st birthday.
(b) Mental capacity
In an adult lacks the capacity to make their own decisions then the time limit does not apply. The time limit would only apply once capacity is regained.
(c) Other exceptions
There are other exceptions to the rules around time limits for bringing a clinical negligence claim. The rules around time limits for making clinical negligence claims are very complex and date from which the time limit will begin is affected by a number of factors.
It is therefore important that if you are considering making a claim you contact us as soon as possible. Please call one of our solicitors today on 0191 222 1030 or complete our website enquiry form. They will be able to take information needed to check what time limit applies and from when during your free consultation.