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Click to play, Sara explains Medical Negligence Compensation.

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Our experience means we are consistently in “The Legal 500 – the client’s guide to the UK legal profession” and the “Chambers UK - client guide to the legal profession”.

HOW LONG DO I HAVE TO MAKE A CLAIM?

You must bring a claim within 3 years from either;

  • When you had your treatment; or
  • When you first realised you had an injury It is always safe to assume the three year time limit runs from the date of the treatment that caused the injury so do not delay.

DOES THE TIME LIMIT ALWAYS APPLY? In the case of a child the three year limit does not start until their 18th birthday so that time would not begin to run against them until they were 21 but they do not have to wait until then. Before they are 18 a parent or other person close to them can make a claim on their behalf as their “litigation friend”.

Also a person who is unable to manage their own affairs because they lack capacity can effectively stop time running during the period of their disability.

In exceptional cases the court can allow a claim after the three year limit.

It is important to begin work on the case as soon as possible before the end of the three year limitation period because;

  1. We will need time to investigate and prepare your case before court proceedings can commence; and
  2. The earlier your case is investigated the more likely it is that documents needed to prove your case will still be available and people will be able to recall what happened.

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