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Clinical Negligence Claims - Snooze and You Will Lose!

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Clinical Negligence Claims - Snooze and You Will Lose!

Think you or a loved one have a potential Negligence claim? Get in touch with our expert Clinical Negligence team now to discuss: 01202 315005 or contact@duttongregory.co.uk

In clinical negligence cases, you have a strict amount of time to issue a claim a claim at Court. This is known as the “limitation period”.

Normally, you have 3 years from the date of the negligence, death, or the date you become aware of the negligence to bring a claim.

The only exceptions to this rule is if the claim relates to a child or a protected party (i.e. someone is assessed as not having mental capacity). In their case, children have 3 years from their 18th birthday to bring a claim. In other words, the claim must be brought to Court before their 21st birthday.  For protected parties there will be no limitation date.

The above exception does not apply if the child dies as a result of the negligence. In this case, the normal principle would apply and a claim must be brought within 3 years of the child’s death.

Limitations can be very difficult to understand but in essence: it is essential that claims are brought to a lawyer and investigated within the limitation period.

It is possible to bring a claim outside of the limitation period, but it is very difficult and would require the permission of the Court.

Our advice is to always seek legal advice at the time of the negligence, or shortly afterwards. There is then sufficient time to investigate the potential claim, and avoid any limitation problems.

Think you or a loved one have a potential Negligence claim? Get in touch with our expert Clinical Negligence team now to discuss: 01202 315005 or contact@duttongregory.co.uk