Think you may have a claim? Why it is important to take action.

Have you been involved in an accident or think you may have suffered as a result of medical negligence? Do you think you may have grounds to make a claim? If so, there is a reason why you should act sooner rather than later. 

When it comes to personal injury and/or medical negligence claims, there are rules set in place via The Limitation Act 1980. This sets limitation dates for civil claims in England and Wales and determines when a claim becomes “time-barred” or “statute-barred”. 

How long do I have to make a claim?

The limitation period for personal injury claims is 3 years from the date of accident/incident. In a medical negligence claim, this date is either 3 years from the date of the alleged negligence or from the date of knowledge of the alleged medical negligence. Once this 3 year time period has elapsed, you will no longer be able to pursue the matter unless proceedings have been issued in a Court ahead of this 3 year limitation date or, you are given permission by the Court.  However, this permission is rarely given and only in exceptional circumstances.

Although 3 years may sound like a long time to bring a claim, there can be a lengthy period of investigation work and/or the obtaining and reviewing of medical records needed before a claim can be fully established, especially within medical negligence claims. This is why it is important to initiate your claim sooner rather than later to give your legal representative plenty of time to investigate and gather evidence ahead of the limitation period expiring. 

Are there exceptions to the limitation date?

Yes, there are certain exceptions to the 3 year limitation period, such as:-

1. Minors – If the injured party is under the age of 18 at the time of the accident and/or negligence, they have 3 years from the date of their 18th birthday in which to bring a claim.
2. Fatal Claims– If a claim is being brought under the Fatal Accidents Act 1976, then the 3 year limitation period will run from the party’s date of death. This rule also applies if a Claimant becomes aware that the death was caused by negligence.
3. Mental Capacity – In some cases, the party may lack the mental capacity to manage their own affairs and deal with the claim. If this is the case, limitation may be put on pause for an indefinite period until the party is able to deal with their own affairs again. If the party regains capacity, the 3 year period will start from this date. However, in cases where capacity is never regained or expected to be regained, there may not be a specific limit to the time period.

 So, if you think you may have a personal injury or medical negligence claim, do not hesitate and take action now.  Jordans Solicitors will be more than happy to discuss and assist.