3rd Degree Tear Claims – How Long Will It Take?
Third degree tear claims can take two to three years to complete. This means it is important not to delay your claim, as there is a three year time limit on medical negligence claims.
How long does a third degree tear claim take?
Each medical negligence claim is different. Very complex cases, such as cerebral palsy cases, can take a number of years to complete. On the other hand, more straightforward cases can settle in just 18 months. The average third degree tear claim takes between two to three years.
Why does it take this long?
A claim must follow a number of different steps. One of the first steps is to obtain all your medical records. This alone can take months, as your solicitor must ask each healthcare organisation you have visited to photocopy your records and send them in. Once they have all been received, they must be collated and put in order.
Another step that can take some time is arranging a medical expert. You will need to be examined by at least one medical expert during the course of your claim. This is likely to be a gynaecologist or a colo-rectal surgeon. We only use very senior medical experts, so an appointment may not be immediately available.
Once each stage of the process is added up, it can accumulate to a couple of years. Therefore a medical negligence claim is not a rapid resolution and this can be frustrating for some. However, it is important that each stage is thoroughly investigated and completed, as this will ensure that you are given the answers you are looking for. It will also make sure you are given the correct sum of compensation.
What if I run out of time?
Medical negligence claims, including 3rd degree tear claims, must be issued in the courts within three years of the event. So if you sustained a 3rd degree tear on 1 January 2016, you will have until 1 January 2019 to bring a claim.
Because of this time limit, you must not delay in seeking legal advice. If you are too close to the expiry date, or it has already passed, you may not be able to make a claim. If it looks like you could run out of time during the course of your claim, your solicitor can apply for an extension.
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To speak to a solicitor about making a 3rd degree tear claim, please get in touch with us today.
Please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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