If you have been injured as a result of medical negligence or an accident, seeking compensation is probably the last thing on your mind. You are most likely more concerned with healing from your injuries. However, the clock is ticking and the majority of claims have a strict deadline.
The three-year limitations period
The time limit for most personal injury or medical negligence claims is three years from the date of injury. In most cases, you must initiate court proceedings before the three-year limitation period expires.
In cases involving industrial diseases or medical negligence, the date of knowledge is frequently a factor. In these examples, the extent or severity of an injury, as well as the circumstances surrounding it, may not be immediately apparent. Your personal injury or clinical negligence lawyer will be able to advise you on whether the date of knowledge is relevant to your case.
Exceptions to the three-year time limit
While the majority of clinical negligence and personal injury claims have a three-year statute of limitations, there are some important exceptions. These are claims made on behalf of minors and people who lack mental capacity.
The limitation period does not begin until a person reaches the age of 18. That is, if you are under the age of 18 and file a claim through a litigation friend, your claim will not be subject to the three-year deadline until you reach the age of 18.
Extending the period of limitations
In some cases, the court may be able to extend the three-year limitation period. The court will consider the reasons for the delay and, if it believes the claimant has been unfairly prejudiced, it may grant some leeway.
Although there are some exceptions and the courts can occasionally be flexible, it is critical to understand the significance of the three-year limitation period. If you are considering claiming damages as a result of an accident or an instance of clinical negligence, seek legal counsel as soon as possible.
Things You must know
The date of knowledge is the first time someone knew one of the following:
- That the injury was severe to certify legal action.
- That the injury was caused entirely or partially by someone else.
- The essence of the person responsible for the injury.
- Any other relevant information about the accident or event that caused the injury.
It takes a long time to collect evidence and put together a claim. Starting the process as soon as possible will provide you with the best chance of receiving compensation. It will also assist you in getting the treatment you require to aid your recovery.