Is there a time limit on a medical claim?

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For those wondering what the time limit on medical negligence claims is, as a general rule, there is a three year ‘statute of limitations’ on a medical and clinical negligence claims. This means you have to file your claim for compensation within three years from the date you suffered the negligence or became aware of it.

‘Became aware of it’ is the key here so that you are aware that there is a suing the NHS time limit that exists. There is a real possibility that you didn’t realise something had gone wrong with your treatment or you had suffered negligence until after the treatment occurred – in which case, the three-year period in which you can claim will begin from that date instead, no matter how long after the treatment it was.


Exceptions to the three-year rule

  • If the medical claim involves a child under the age of 18, the statute of limitations is extended until three years after their 18thbirthday, regardless of their age at the time of the incident.
  • When the patient can’t pursue their own claim due to any disability covered by the Mental Health Act, the medical compensation claims time limit of three years doesn’t come into force until the disability ceases to have an effect. This is true even if the disability wasn’t caused by the incident in question.

Medical negligence claims are extremely complex, and how long you have to begin the process of claiming compensation is no exception to that. This makes it more important than ever to have an experienced medical negligence professional on your side, which some people may not be aware of originally if you are in the process of understanding how to make a medical negligence claim. Our team can discuss your situation and medical claim in detail to help you work out whether your claim is still within the time limit and help you through the next steps, so you receive the compensation you’re entitled to.


What if my claim is outside the three-year period?

In terms of the time limit on medical negligence claims and your case, if the statute of limitations has truly expired on your claim, but you feel you suffered serious negligence which has had a profound impact on you emotionally, physically and/or financially, there is still a small chance it may be accepted. On this premise, although the suing the NHS time limit is three years from the date you suffered or became aware of the negligence, there’s an exception to the rule if you can prove it dramatically impacted you.

Depending on the nature of the incident suffered, a judge will sometimes decide the claim can proceed regardless. A solicitor will be able to discuss whether or not this might happen in your case and advise you on the best next steps for you. Also, in case you’re asking yourself questions like ‘how much can I claim for medical negligence’ a solicitor will also be in the best position to disclose such information.

Now that you have a better understanding of how to make a medical negligence claim, if you or a member of your family has been a victim of medical negligence, you should begin your claim as soon as possible. Being prepared is key here as you should aim to seek compensation as soon as possible, as, in terms of a timeline to work with, with any claims medical included, the sooner, the better. You may be concerned with matters such as, ‘how much can I claim for medical negligence?’, but this will be fruitless if your claim falls out of the three year period, and further does not count as an exception to the rule. If you’d like to start now, get in touch here, and if we think we could help you win, a member of our team will connect you to a qualified medical negligence solicitor. Remember; be sure to keep in mind the medical compensation claims time limit, so you don’t miss out and claim the compensation you deserve. You could also consider putting ‘claims medical’ into your search engine if you need more information regarding medical claims.


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Need some help?

Am I eligible?

If you have suffered from medical negligence in the past 3 years, the short answer is yes.

However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.

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How much could I claim?

As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.

Our experienced team of experts will give you an indication of how much you could potentially claim.

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How does the process work?

We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.

Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.

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Why should you use us?

No Win No Fee

We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.

Expert Solicitors

Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.

Personal Dedicated Solicitors

On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.

Expert clinical negligence solicitors working for you

We specialise in helping victims of medical negligence claim the compensation they deserve.

We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.

Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.

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