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Statute of Limitations for Professional Negligence

What is the statute of limitations for professional negligence? I have just been diagnosed with an injury sustained in an accident which occurred a year ago.

While some exceptions may apply, the statute of limitations for professional negligence is three years from the date of knowledge on which an injury was diagnosed. Often, the time limit for initiating a professional negligence claim will begin from the date on which the injury was sustained. However there are some scenarios – for instance, if an illness developed – when an injury would not be immediately known and the time limit for professional negligence compensation will not be initiated until diagnosis has occurred. If you wish to determine your eligibility for professional negligence compensation, you are advised to consult a personal injury solicitor at the earliest opportunity.

The statute of limitations for professional negligence may depend upon the nature of your accident and injury, and whether it was immediately apparent. In most cases, the time limit for initiating a professional negligence claim will begin upon the date on which the injury was sustained if the claimant is immediately aware of their injury. However the date from which they can make a claim for professional negligence compensation may be delayed if the claimant was initially unaware that they sustained an injury if – for instance – they developed an illness over a long period of time or they sustained an injury due to medical negligence. In these cases, the date from which they can pursue professional negligence compensation will begin upon the date on which they were diagnosed with the injury.

The statute of limitations for professional negligence will be different in the case of a child who has sustained an injury due to negligence. Legally, a child cannot initiate a claim to compensation – or instruct a solicitor to do so on their behalf until they have reached the age of eighteen, meaning the time limit for initiating a professional negligence claim will not begin until the child reaches eighteen years of age. The three year timeframe in which to make a claim for professional negligence compensation then applies, meaning they will have until their twenty-first birthday in which to make a claim. However professional negligence compensation can be sought before then if a claim is initiated by a responsible adult acting as a “litigation friend” on behalf of the child.

The time limit for initiating a professional negligence claim may also be delayed if the victim of an accident has been mentally incapacitated by their injuries. In this case, the statute of limitations for a claim for professional negligence compensation will not commence until the victim is mentally capable of doing so. In the scenario that the victim does not regain their mental functions, professional negligence compensation can be sought at any time following their injury by a “litigation friend” acting on their behalf. In order to determine whether any of the above mentioned factors applies in your scenario, you are advised to discuss your claim with a personal injury solicitor without delay to establish in which way the statute of limitations for professional negligence applies.