What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

How Long Do You Have To Bring A Clinical Negligence Claim?

If you are thinking about making a clinical negligence claim, one of the most important things to be aware of is the time limit, known as the “limitation period”. In England and Wales, the general rule is that a claimant has three years to bring a clinical negligence claim.

In most cases, you have three years to bring a claim. This does not mean three years just to get advice – it means that court proceedings must actually be started within that time.

Usually, the three-year period runs from the date the treatment took place. However, we appreciate that it is not always immediately obvious that something has gone wrong. You may only realise later that your injury could be linked to the care you received.

In those situations, the three-year period can start from what is called your “date of knowledge”. This is the point when you first became aware (or should reasonably have become aware) that your injury may have been caused by negligent treatment.

For children, the rules are a little different. Time does not start running until their 18th birthday, meaning they usually have until their 21st birthday to bring a claim. However, it is generally in a child’s best interest for investigations to begin as early as possible.

If the potential claim relates to a death, the time limit will usually run from the date of death. In some situations, it may instead run from the date on which the personal representative or family first became aware, or reasonably ought to have become aware, that the death may be attributable to negligent medical treatment. These situations can be complex, and early legal advice is important.

Limitation is a particularly important aspect of clinical negligence claims, as missing the deadline can prevent a claim from being pursued altogether. It is also important to bear in mind that a significant amount of investigation is required before proceedings can be issued. The three-year time limit is a deadline for issuing court proceedings—not simply for seeking legal advice. Because of this, it is always best to seek advice as early as possible. This gives us the time needed to obtain medical records, arrange expert evidence, and properly investigate your case.