Time Limits for Birth Injury Claims: When Should I Start My Claim?
By Demi Newlove
If you or your child have suffered a birth injury due to medical negligence, it’s important to know there are strict time limits for bringing a claim. Understanding these deadlines can help you protect your right to seek justice and secure the compensation you need for future care and support.
The standard three-year rule
In England and Wales, most medical negligence claims must be started within three years. This usually means you must begin legal proceedings within three years of:
- The date the negligence occurred; or
- The date you first realised that the injury was caused (or could have been caused) by negligent care.
This is known as the “date of knowledge”. It’s particularly relevant in birth injury cases, as the link between medical treatment and the injury may not be immediately obvious.
Time limits for children
When the person affected by the injury is a child, the three-year time limit does not start immediately. Instead, it begins on their 18th birthday. This means they have until their 21st birthday to bring a claim.
Parents or legal guardians can make a claim on the child’s behalf at any time before they turn 18. This is often recommended, as starting early means evidence is fresher, and support can be accessed sooner.
Cases involving mental incapacity
If the injured person lacks the mental capacity to handle their own affairs, there is no time limit for starting a claim — unless they regain capacity. If capacity is regained, the three-year period will begin from that point.
This can apply in birth injury cases involving severe brain injury or other conditions that affect function.
Why starting early matters
Even though the law may allow years to bring a claim, it’s always best to seek legal advice as soon as possible. Early action can:
- Preserve crucial medical records and witness statements
- Allow expert medical assessments to be arranged quickly
- Help secure interim payments for urgent care and rehabilitation
- Reduce the risk of missing the deadline
How we can help
At Switalskis, we understand that deciding to make a claim can feel overwhelming - especially while caring for a child with additional needs. We can guide you through the process, explain your options, and make sure no important deadlines are missed.
If you think you may have a claim, contact us today for a free, no-obligation conversation.
Demi is a Solicitor in the Medical Negligence department. She has 5 years' experience in the personal injury sector.
