How long do you have to claim for clinical or medical negligence?

Adults normally have three years to bring a claim for clinical or medical negligence and the Courts apply this limit quite stringently unless there are extenuating circumstances.

Here are the key points:

  • You can make a claim up to three years from the date of the incident or from when you could reasonably have been aware that you had suffered an injury.
  • If you are claiming for children you can do so up to three years after their 18th birthday.
  • The three-year limit can be waived in serious or complex cases, for example where a brain injury is involved.

Proving a clinical negligence claim is not straightforward in many cases and will rely on highly technical arguments, backed by expert opinion and witness statements.

For this reason it is a good idea to use a specialist Solicitor. Remember, it will take them time to research and build your case, so the sooner you can get things started the better.

Cases do not have to be settled in three years. In fact in more complex injuries it may take time to establish their impact, say on a victim’s long-term abilities and life or career opportunities.

Where the other party accepts liability it can still take time to reach a settlement, but in the life-changing cases we can normally secure an interim payment that families often badly need.

If you would like to discuss your situation please contact us. The initial consultation is free and without obligation. We will be able to explain your options and advise you on your claim.

Tracy moved to the area from  Slough and joined Verisona Law in 2007. With over 20 years’ experience Tracy specialises in personal injury claims involving road traffic accidents, accidents at work, slipping/tripping incidents and industrial disease cases.  

Tracy also has experience of handling complex, high value clinical negligence claims against Hospital Trusts, General Practitioners and other organisations, where Claimants have suffered severe physical and psychological trauma as a result of either mismanaged labour resulting in Cerebral Palsy, misdiagnosis/mismanaged care and claims involving fatalities.

Tracy has supported Claimants to achieve early treatment and rehabilitation resulting in maximum compensation awards providing for the cost of care, treatment and equipment needed to enable them to move forward with their lives.

Tracy started her legal career in 1988 as an Office Junior at Harris Cartier where she worked for many years before relocating to the Havant area in 2007. Throughout her time at Harris Cartier she gained a knowledgeable experience of personal injury litigation initially assisting others before managing her own caseload.

 Tracy joined Dyer Burdett, a precursor of Verisona Law in 2007, where she assisted in the Marine Department before joining the Personal Injury Team in 2011.

 When not at work Tracy enjoys attending regular boot camp sessions in addition to spending time with her partner, children and grandchildren.

  • Road Traffic Accidents
  • Occupiers Liability Claims
  • Employers Liability Claim
  • Clinical Negligence
  • Work related upper limb disorders
  • Professional negligence
  • Industrial disease



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