How long do I have to make a claim?

The simple answer to this question is that claims usually have to be issued at Court within three years of the date of your injury/damage.

There are some exceptions to this rule.  The main exceptions are:-

• Children – if the claim concerns a child, then the three year limitation period begins on their 18th birthday.  In other words, you have until 3 years after a person's 18th birthday in which to bring a claim.  However, you do not have to wait this long and a claim can be brought on a child's behalf before they are 18.  In most cases, it is advantageous to investigate and proceed with a claim as early as possible.
  

• Date of knowledge – if the date you became aware or ought reasonably to have been aware that you may have suffered an injury as a result of clinical negligence is later than the actual medical treatment, then the time limit you have to bring a claim will start from this date. 

• Overseas treatment – different countries have different time limits.  If the medical treatment you received was carried out abroad, then it is important that you seek advice as soon as possible as the time limit you have to make a claim may be as little as 12 months.

• Mental incapacity – a claim can be brought at any time on behalf of someone who has mental incapacity.

It is important that the time limit is not missed otherwise your claim will be statute barred and you will not be able to pursue it.

If you think you may have a claim, we strongly advise you to contact us straightaway so that your claim can be properly investigated.

Contact Guy Eskell or Justin Goodman for further information or complete our enquiry form.