Time limits to make a medical compensation claim

The general rule is that a claim for a personal injury or medical negligence for anyone 21 years of age or over must be brought within three years of the date upon which the injury was sustained. However, if a patient had no idea that he or she had been injured as a result of his or her medical treatment until a later date (known as the ‘date of knowledge’), then the three year limitation may then start from the date of knowledge.

The law requires the injured person to commence Court proceedings within this three year period and not just consult a Solicitor with a view to investigating a claim.

Time limits for children & under 21 years of age

Where the injured person is a child, the three year limitation period does not begin to run until he or she reaches his or her 18th birthday. Effectively, a child has until their 21st birthday to bring a claim for medical negligence or personal injury claim.

Where the injured person has suffered a brain injury as a result of an accident or negligent medical treatment or a non- fault accident or where he or she suffered from learning difficulties prior to the medical treatment or and the injured person does not have the mental capacity to understand the legal process and manage his or her own affairs, there is no time limit upon bringing a claim.

Time limits for a deceased loved one

If an adult or a child dies as a result of their medical treatment, their personal representatives (executor of the estate) or direct dependants may bring a claim within three years of the date of their death or three years from the date of knowledge that negligence may have caused the death. The time rules may differ if the personal representative or dependent that is wishing to pursue the claim is under the age of 21. The three year limitation period may not begin to run until personal representative or dependent reaches his or her 18th birthday.

It is important to seek legal advice about this from a solicitor.

What if the time limit has expired?

In some cases, although the limitation period has expired, the Court has the ability to exercise its discretion to allow a claim to proceed if it considers it just to do so.

It is important to seek legal advice about this from a solicitor.

Not sure if you are entitled to claim?

Before you decide to bring a claim, our dedicated claims department will under no obligation carry out a free claim assessment.

Call us for free today on:

0800 222 9444

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Call us now on:

0333 577 9444

Lines open 24 hours & 7 days a week

START YOUR FREE CLAIM ASSESSMENT ONLINE >>ARRANGE FREE CALL BACK >> E-MAIL US YOUR ENQUIRY >>

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