Ordinarily in respect of claims involving personal injury it is necessary for court proceedings to be instituted within 3 years of the date the cause of action occurred.  There may however be exceptions to this rule.

Children

In respect of claims involving children, the three year limitation period does not commence until a child reaches majority age ie currently until he or she reaches his or her 18th birthday.

Knowledge Limitation

In some exceptional cases the ordinary 3 year time limit may not commence until the Claimant knew or ought to have known that there may be a claim.  For example it may be argued that if a surgical instrument was left in a patient’s abdomen for in excess of three years, the limitation period may not commence until that person is first made aware of such an incident having occurred.

Persons under a Mental Disability

Although there is a complex definition of whether a Claimant is regarded in the eyes of the law as being under a mental incapacity, generally speaking a patient may be regarded as someone who by reason of a mental disorder is incapable of managing or administering their property or affairs.

The three year limitation period in such circumstances commences from the date that patient ceases to be under such a disability, if at all.

Important Note

The above is intended as being a broad “overview” only.  Each case needs to be considered on its own merits and if you are in any doubt as to whether there may be a problem with regard to limitation it is important that you raise such concerns with us at the outset in order that we may consider and advise you appropriately at the earliest possible opportunity.