Time Limits (Limitation period)
There are time limits for bringing a legal claim. For adults (persons aged 18 and over), claims have to be brought into court within either 3 years of the date of the alleged negligence, or, if later, 3 years from the Claimant’s knowledge that injury has been suffered due to the negligence of the Defendant.
If legal proceedings are not commenced within this 3 year period, the claim will be statute barred ie out of time in which event it will probably not be possible for the claim to proceed. Whilst a court does have discretion to allow a claim which is brought outside this 3 year period to proceed, that discretion will only be exercised in exceptional circumstances.
For children, the 3 year period in which to bring a claim into court will not start to run until the child attains 18. This means that a claim can be brought into court at any time up to the child’s 21st birthday.
The time limits for bringing a claim for persons who do not have the mental capacity to act are rather more complex. Legal advice should be sought.
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