CLINICAL NEGLIGENCE LAW - THE LIMITATION ACT 1980

As with most legal processes there are time limits involved in making claims. The reasoning behind these limits is mainly to do with the reliability of evidence. Memories fade and documentary evidence becomes lost or destroyed. Limiting the time available also allows both parties to move on knowing that all matters have been dealt with and there will be no uncertainties in the future. The figure to bear in mind with clinical negligence law is that of three years. This is the primary time limit for personal injury cases as defined by the Limitation Act of 1980.

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Start Date

The legislation outlines time limits applicable under clinical negligence law and the time limit does not begin to count down until the date upon which the person making a claim knows the full identity of the defendant and knows that the injury they caused was both “significant” and “attributable to negligence”. Therefore, under the Limitation Act of 1980, until you are fully aware of what has happened to you, there is no time limit to worry about but you should take legal advise as soon as possible after the event.

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Minors

Under the Limitation Act of 1980 the normal three year time limit does not begin until the potential claimant is 18 years old. After this time, the last chance expires on the eve of his or her 21st birthday.

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Mental Disability

If a potential claimant is suffering from mental disability time does not start running until full mental capacity has returned. In cases where the loss of mental capacity lasts for long periods of time, claims for compensation can be made long after the typical three year time limit has passed. If a person is permanently mentally disabled then a claim can be made at any time on their behalf.

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Judges Discretion

Clinical negligence law under the Limitation Act 1980 gives the court wide powers of discretion and can extent the time limits in special situations but this is unusual and cannot be relied on if the time limit has expired.

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Free Legal Advice

If you have suffered personal injury and you fear you may have been the victim of incompetence or negligence then there is no time for delay. In order to know what options you have you should seek expert legal advice as soon as possible. Our solicitors operate a free service whereby you can meet us in person or chat over the telephone with one of our friendly experts and obtain initial advice. If you subsequently decide to proceed no further then that is your right and you will not be charged for our initial advice.