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.

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