Limitation in Professional Negligence

In a claim for personal injury, proceedings have to be commenced within three years of the date that the injury was caused, i.e. three years from the date of the accident.

In a claim for work-related industrial disease or medical negligence, proceedings also have to be commenced within a three year period.  This three year period starts to run when you knew, or should have known, that you suffered injury caused by the negligence of someone else. Deciding when the limitation period starts to run can be a very complex matter and depends on the circumstances of the case.

In all types of claims, if Court proceedings are not issued before the date that the limitation runs out then the claim against the original Defendant cannot proceed because they will have a (limitation) defence to the claim.

In a claim for professional negligence against a solicitor the limitation period is 6 years from the act of negligence. In some rare cases it can be a longer period.

Calculation of the limitation periods can be complicated and you need expert legal advice to make sure that your claim is issued in time. Contact us to discuss your case, call 0800 138 0458.

 

Professional Negligence News