Due to the UK lockdown, there is no surprise that there have been fewer accidents on the roads and at work, with many people making less journeys and many now working from home.

It is important for those who were considering bringing a personal injury or clinical negligence claim prior to lockdown, or even during, that they are aware of the relevant time limits, or as us lawyers call it, the limitation period.

If you are seeking to bring a claim in relation to another person’s or establishment’s negligence, you may be able to recover damages. For the most part in relation to personal injury and clinical negligence claims, the limitation period is three years from the date of accident or negligence. There are however several very important exceptions to this, including (but not limited to): –

  • Those under 18 years old involved in an accident or subjected to negligence will have three years from the date of their 18th birthday;
  • Where someone has lacked capacity, the three years will run from when the individual has regained capacity;
  • In the unfortunate event of an injured person dying within the limitation period, a three year period is granted from the date of death, with the deceased’s estate being able to bring a claim on their behalf; and
  • Where a person does not have knowledge of an injury or condition until a time later than the act of negligence (e.g. in a failure to diagnose cancer case), the 3 years starts when the person has knowledge of their injury/condition, not when the act of negligence occurred.

Failure to commence Court proceedings within the three year limitation period could mean that you become ‘time-barred’ and will be prevented from pursuing your claim by the Court – there are though some exceptions to this too.

Whilst we are all being impacted by the Coronavirus pandemic, our personal injury and clinical negligence team continue to work remotely on behalf of hundreds of clients. We are here to offer advice and support to those in need.

We can help

Email our team at enquiries@ringroselaw.co.uk or call 01522 561020 for a free telephone consultation.

 

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