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On August 4, 2016

WHEN CAN I MAKE A CLAIM?

It is very important that you seek advice promptly from one of our specialist solicitors on the precise time limits that apply to your case.

There are strict time limits in personal injury claims within which you must have started court proceedings for your claim. Under English law, the limit is usually 3 years from the date of your accident or incident, but this can vary depending on a number of factors.

If you have a clinical negligence claim, the time limit is 3 years from the date on which you became aware that you had suffered harm as a consequence of your medical treatment.

These time limits do not apply to children (who can proceed at any time before their 21st birthday) and people who have a mental incapacity.

There are different time limits if your accident or injury occurred outside England and Wales as time limits and legal procedures vary from country to country. In many countries, the time limits for taking action are much shorter than 3 years. Furthermore, for many air accidents, marine accidents, and criminal injury claims, the time limit is often 2 years.

For defective products the time period is either; 3 years from the date that an injury or illness was caused by the product or 3 years from the date you became aware that injury or illness was caused by the product. This is limited to a maximum of 10 years from the date of supply of the product concerned. It includes products given as a result of medical care and applies to children and to people who have a mental incapacity.

In some very limited circumstances, the courts may allow a claim to continue beyond the time limit period but you should not assume that any discretion will be applied for your claim. However, even if you believe the time limit for bringing your claim may have expired, it is worth seeking advice from a solicitor on whether the court may allow the claim to proceed.

We will give you a FREE initial consultation on your claim. Call us now on 01425 275555 or FREEPHONE 0800 083 2755 or email info@simpkinsand.co.uk.

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