In the UK, the limitation period for bringing a professional negligence claim is a critical factor that can determine the success or failure of a case. Understanding these time limits is essential for anyone considering such a claim.
Standard limitation period
The general rule for professional negligence claims is that you have six years from the date of the negligent act or omission to bring a claim. This period is set under the Limitation Act 1980, which governs most civil claims in England and Wales.
Date of knowledge
If the negligence is not immediately apparent, the limitation period can be extended. You have three years from the date you became aware (or ought to have become aware) of the negligence to file a claim. This is known as the "date of knowledge" rule. However, this extension is subject to a long-stop limit.
Long-stop limitation period
Regardless of when you discovered the negligence, you cannot bring a claim more than 15 years after the date of the negligent act or omission. This long-stop period ensures that claims are brought within a reasonable timeframe and provides certainty for professionals.
Special considerations
Certain situations may alter the standard limitation periods:
- Continuous negligence: If the professional’s negligence is ongoing, the limitation period may not start until the negligent acts or omissions cease.
- Minors and incapacitated persons: The limitation period does not begin until a minor reaches the age of 18 or an incapacitated person regains capacity.
Importance of timely action
Adhering to these limitation periods is crucial. Courts strictly enforce them, and failing to bring a claim within the specified timeframe can result in losing the right to seek compensation. It is advisable to consult a solicitor as soon as you suspect professional negligence to ensure your claim is filed on time.
How Stephensons can help
At Stephensons, our experienced team of professional negligence solicitors can help you navigate the complexities of limitation periods. We offer a free initial consultation to assess the merits of your case and ensure that your claim is filed within the appropriate timeframe. Call us on 0161 696 6178 or complete our online enquiry form and we will be in touch as soon as possible.
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