CHILD & ADULT CEREBRAL PALSY - UK CLAIM TIME LIMITS

Our solicitors are medical negligence specialists and deal with both child and adult cerebral palsy cases. Our service is available throughout the United Kingdom and our lawyers are all members of the Law Society panel of clinical negligence experts. Less than 1% of UK solicitors are panel members exclusively authorized to make an application for public funding by way of legal aid to the Legal Services Commission.

There are time limits involved in making a claim for both child and adult cerebral palsy compensation. The primary limitation period for taking action for personal injury damages is three years from the original date of the negligence that caused the injury. This means that in general terms a claim must be settled or legal proceedings must have been formally issued in a court of law within three years of the event giving rise to the claim failing which the right to claim compensation may have been lost forever. The court does have a very wide discretion and can alter and extend the primary period however this discretion is rarely exercised. The Limitation Act 1080 does however contain some exceptions to the general three year rule as follows :-

• Time does not run against a person who is mentally disabled until that person recovers full mental capacity. For many adult cerebral palsy sufferers there is no hope of recovery and mental disability is permanent allowing action to be taken at any time during the sufferers life. It must however be stated that medical records can become lost or corrupted and memories fade with the passage of time. It is therefore advisable to take legal action as soon as possible.
• For those considered by law to be minors the three year period does not start until they reach 18 years of age. This means that the primary limitation period will expire on the eve of the 21st birthday unless the individual also suffers from mental disability.
• It may be worth also considering that the three year period does not start to run until the proposed defendant has been identified and it is known that the injury in question was significant and was attributable to negligence.
• In exercising its discretion to alter amend or stay time the court must consider :-
  • the effect of delay on the evidence
  • the behaviour of the claimant
  • the duration of disability
  • the reasons for and the length of the delay
  • the conduct of the defendant
  • the available expert advice

If you would like to speak to a specialist solicitor about a medical negligence compensation claim free of charge and with no further obligation, just complete and send the contact form or use the helpline or send a message by email. If after talking to us you decide not to take your potential claim further then you are quite at liberty to do so and you will not be charged for our advice which is given free of charge.