TIME LIMITS

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Your claim should be brought within certain time limits.

If you were under the age of 18 at the time of injury your case should be started in the Courts no later than your 21st birthday.

If you were 18 or over at the time of your injury your case should be started in the Courts within three years of your injury.  

There are many cases where patients are not aware of their injury until years afterwards, often having been told that their deterioration and poor outcome is a natural consequence of their condition.  In these situations the Court allows three years from the date on which the patient first knew, or ought to have known, of their injury to commence Court proceedings.  

For those with a cognitive disability in many cases there is no time limit for starting the case.  

The Court does have a discretion to allow cases to be brought after the strict time limits have passed, however this is a discretion and so can not be guaranteed.  

Different time limits apply to cases brought under the Human Rights Act and other statutory legislation.

Please do click here to contact us to discuss the time limits in your case