There are very strict time limits for intimating a claim in all cases of personal injury.
Generally a claim must be raised in court and served upon the defender within three years of you becoming aware that you had a claim. These time limits do not apply to children.
Knowledge of a claim includes you having the knowledge or awareness of your injury; who caused that injury and that the injury was caused by negligence. Negligence can generally be defined as an act or omission which has caused loss or injury and has been caused by a failure to adhere to a reasonable duty of care.
Computing the three year period is usually a straightforward matter but can be complex in certain circumstances.
If an action is not raised and served on the defender within the three year time limit it is likely that you will lose the right to claim damages. The court can extend the three year period but will only do this in very limited circumstances.
If you believe you may have a claim arising from medical negligence please contact us by telephone or by e-mail to arrange a free initial consultation.