Timing in Medical Negligence Compensation Claims
If you believe that either you or a loved one may have been the victim of medical negligence, it is important that you obtain specialist legal support as promptly as possible.
Reasons to act promptly
There are numerous obvious benefits in commencing a medical negligence compensation claim promptly. For example, as part of the process, you will be required to recall the events which have occurred and that will be much easier if those events are close in time.
Of course, medical negligence compensation claims can also be very lengthy and the sooner you make a start, the sooner it will be completed. If you are struggling to cope financially, you may be in need of the funds which a successful claim can provide.
However, the most important reason for prompt action is that, if you take too long to decide to pursue a claim for compensation, you may find that the legal time limit has expired and you are no longer able to make a claim at all.
Date of Limitation
As a general rule, a compensation claim has to be filed with the court within three years of the date of the alleged medical negligence. This is referred to as the 'Date of Limitation'. However, prior to this date, your solicitor will need to obtain and review your medical records as well as arrange for you and your claim to be assessed by a suitable medical expert. This can be a very lengthy procedure and months can pass in the course of obtaining an expert medical report. If you think you have a claim, act now to find a specialist in medical negligence compensation claims.
Date of Knowledge
There are some circumstances when the date of limitation can be delayed. If you can demonstrate that you were unaware that you were a victim of medical negligence until a later occasion, perhaps at a subsequent medical consultation, the court may agree to a later date of limitation, called a Date of Knowledge. You will then have three years from the time at which you realised you had suffered a significant failure in medical care until the time by which your court proceedings must start.
Legal advice
Glynns Solicitors are specialists in medical negligence compensation claims with expertise in a wide range of conditions.
If you believe that you may have been the victim of substandard medical care, contact us to talk to one of our team of experienced solicitors about your situation.
It may be appropriate to make a claim for compensation.
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