Our Guide to Limitation in Personal Injury, including Clinical Negligence
Posted on 9th September 2022 at 13:37
How Long do I have to make a Personal Injury Claim?
The Limitation Act 1980 states that ‘most personal Injury claims must be brought within 3 years from the date of the injury or act of negligence’.
Are there any exceptions to the 3 yeas rule?
Yes there are a number, such as:
Any child who has been injured may bring their claim before they reach 21 years of age. The 3-year rule therefore starts from their 18th birthday.
2. Mental Capacity
Anyone who lacks mental capacity is not subject to the 3-year rule. The claim can, therefore, be brought by someone on their behalf. If the injured person regained capacity though, then the 3-year rule would run during that period of good mental capacity.
3. Date of Knowledge
Often in industrial disease cases and sometimes medical negligence cases the date when the negligence occurred causing the injury is not easily identifiable. A classic example is a missed diagnosis case when the negligence becomes known months or sometimes years after the event. In these cases, it is necessary to argue that it was only reasonable for the injured person to realise that a negligent act had occurred on a specific date, which will have been in the last 3 years. In such a case a claim may still be brought even though the negligent act might have happened well over 3 years ago.
If the injured person dies within 3 years of the negligence or date of knowledge (see above) then their representative can still bring a claim on behalf of their estate within 3 years from the date of their death.
5. Accidents on a boat, plane or abroad
In this category of accident, the 3-year rule is often shortened to at least 2 years.
6. When should I make my personal injury claim?
The simple answer is ‘as soon as possible’. It is always better to get on with starting the claim when you are able to. Investigations and evidence gathering can sometimes take time to carry out. All the while the 3-year time clock is steadily ticking away. There is nothing to gain in delaying a claim but potentially everything to lose.
If you require any legal advice with regards to limitation in personal injury or medical negligence or require any other legal advice, look no further then Avery Walters where some of West Yorkshire's leading personal injury and medical negligence solicitors and lawyers based in Leeds will take you through your repetitive strain injury case and any and all clinical negligence claims. Do not hesitate to get in touch with us today.
Call one of our expert medical negligence solicitors now on 01423 564551 or complete our online form.
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