Usually, with an injury resulting from medical negligence, there is a three-year time limit from the ‘date of knowledge’ for you to make your claim. The ‘date of knowledge’ is the date when you became aware of the negligent treatment that led to the worsening of your injury or illness.
The exceptions to this are in the cases of children, or if the negligence resulted in a fatality. In these examples, the time begins to run on the date of the child’s 18th birthday or, if the case was a fatality, from the date of death.
If a person is unable to instruct a solicitor due to cognitive impairment, as a result of the brain injury, or otherwise, the time limit of 3 years may not apply. However, it is always better to seek legal advice as soon as possible, even if the three-year time limit may not apply, to ensure that you or your loved one, does not accidentally miss the deadline. Medical records can be misplaced, and memories can fade so even if you think that the claim will not be subject to this limit, do contact us as early as you can.
If a claim is brought outside of these time limitations would be considered ‘statue barred’ and you would not be able to seek compensation for brain injury.