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When can I make a claim?

Strict time limits apply to medical negligence claims within which you must have started court proceedings.

In most cases, the time limit is 3 years from the date of accident or incident giving rise to your injury. So court proceedings must have commenced within:

• 3 years of the date of an accident or negligence, or
• 3 years from the date on which you became aware that you had suffered harm as a consequence of your medical treatment

There are various exceptions in that different time limits may apply in the following scenarios:

• Children can proceed at any time before their 21st birthday.
• People who are unable because of mental incapacity of managing their legal affairs have different time limits
• If your accident or injury occurred outside England and Wales or during the course of international travel there may also be different time limits.

It is only in very limited circumstances that the courts may allow a claim to continue beyond the time limit period.

It is important that you seek legal advice regarding limitation dates as soon as possible. At Devonshires we will be happy to provide advice to you even if you think that the limitation date may have expired.