How long do I have to make a claim?
The court rules state that court proceedings must be issued before the 3rd anniversary of when the negligence took place or from the date that the client found out the negligence happened.
There are some exceptions to the general rule; for example, if the person bringing the claim is under 18 then the 3 years does not start running until the child reaches the age of 18. If the client lacks “mental capacity”, then the 3-year time limit does not apply. In both of those cases, a “litigation friend” will be appointed to deal with the claim on behalf of the client.
The court can also disapply the 3-year limitation period in exceptional circumstances, but this is a rare occurrence. At Minster, we advise clients to seek legal advice as soon as possible to enable the claim to be dealt with within the 3-year limitation period.
