THE LIMITATION ACT 1980
MEDICAL NEGLIGENCE COMPENSATION CLAIMS
TIME LIMITS FOR SETTLEMENT
MEDICAL NEGLIGENCE COMPENSATION CLAIMS
TIME LIMITS FOR SETTLEMENT
The provisions of the Limitation Act 1980 apply to personal injury compensation claims based on medical negligence. For most compensation claims, there is a limitation period of six years, however, that time period is reduced to three years for personal injury compensation claims.
"Limitation Period" is a legal term which refers to the limits that are placed on the amount of time you have to bring a legal claim for damages. Exceptions to the general three-year limitation period do exist. Those exceptions are outlined below. In the vast majority of cases, however, you have only three years to either settle your claim or to issue proceedings in a court of law and if that time period expires, then you are forever barred from seeking compensation for your personal injury.
Three years may seem like a long time, and some victims are tempted to wait a year or more before seeking legal representation. However, because of the amount of investigating involved with bringing a successful medical negligence claim, a solicitor needs at least a full 6 months before the expiration of the limitation period. In fact, 12 months is preferable. Yet another reason to act quickly is that most solicitors will not agree to provide representation on a no win no fee basis unless they have had the opportunity to adequately investigate the case.
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Calculating the Three Year Period
The three-year limitation period begins on the earliest possible date upon which the victim had the knowledge, or may have been reasonably expected to acquire the knowledge, that is necessary to bring a legal claim for compensation. The victim, then, must know three things before the limitation period begins running: the material facts, that their injury was serious enough to warrant a legal claim and the identity of the likely parties to the claim.
In medical negligence cases, this rule means that the three-year period will not start to run until the victim discovers the problem, which can, in some cases, be decades after the medical treatment was obtained.
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Exceptions To The Three Year Rule
Certain exceptions to the three-year rule exist, and when an exception applies to the case at hand, the time period may either be stopped or delayed. In addition to the exceptions outlined below, the court is also given considerable discretion to extend the time period in cases where exceptional circumstances exist. Note, however, that this is a rare occurrence, and it is unwise to rely on the possibility of an extension being granted by the court. The two main exceptions to the three-year rule are :-
- Minors & Infants: For children, the three-year period does not begin to run until the victim reaches the age of 18. In these cases, the period will expire on the eve of the victim’s 21st birthday.
- Mental Incapacity: For people with a severe mental incapacity, the three-year period may never begin to run. Note, however, that the three-year period may start to run if the victim’s mental capacity returns.
COMPENSATION HELPLINE 0845 177 0929
Take Legal Advice ASAP
The limitation rules are complex and if you have the slightest doubt about time limits you should not delay taking qualified legal at the first opportunity. The court does have a discretion to extend the time limits which is rarely exercised and even if you believe time has expired you may still be able to make a claim in exceptional circumstances.