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Our personal injury and clinical negligence solicitors discuss the time limits that apply when bringing claims for catastrophic injuries and clinical negligence. This is known as the limitation period.
Limitation in clinical negligence and catastrophic injury cases is a crucial deadline. It is the date by which the claim needs to be issued at court to stop the claim from being out of time. Limitation is always fact dependent and is one of the first things that your lawyer would try to pin point.
The starting point for limitation in most cases is 3 years from the date of incident, this is particularly true with for example a catastrophic road collision, where it will be clear from that day that the injuries are significant and have been caused by the incident. Unless there are other considerations the limitation will be the 3 year anniversary of that collision.
Limitation period exceptions:
• Date of Knowledge (1:08)
• Claims for children (1:56)
• The Claimant has died (2:21)
• Criminal Injuries Compensation Authority (2:52)
• Human Rights Act claims (3:29)
• Claimant’s lack of capacity (3:52)
• International time limits (4:22)
• How do make a personal injury or clinical negligence claim (4:46)