In general, if you have suffered personal injury, you will have 3 years from the date of the accident to commence proceedings in the Courts.
This is known as the limitation period. It is the last date in which you can issue formal proceedings with the Courts.
This may seem like a long period of time. However, it can often take time to gather medical records, other evidence and carry out investigations. Therefore, it is important to seek legal advice as soon as you decide that you may wish to pursue a claim.
There are some instances where the limitation period may differ.
Medical Negligence
You have 3 years from the date of knowledge to commence proceedings in the Courts. This is the date you were first made aware of the injury sustained and that negligence may have occurred.
Disease
As above, disease claims work on the date of knowledge of the disease. This may be when you first noticed symptoms and not necessarily when you were first diagnosed.
You have 3 years from the deemed date of knowledge to commence proceedings in the Courts.
Child
Where a child has been injured, they will have up to 3 years after the date they turn 18 years old to commence proceedings in the Courts.
A child will also require a litigation friend, such as their mother or father, to pursue a claim on their behalf. Once they are over 18 years old, they may pursue a claim by themselves.
Death
If the person affected has passed away, it will be 3 years from the date of death.
Criminal injury
If you have been injured through a crime, you may pursue a claim through the Criminal Injuries Compensation Authority (CICA). You have 2 years from the date of an accident to pursue a claim through the CICA.
What happens next?
Your claim may come to an end within the limitation period and/or may not require formal proceedings to be issued. However, it is important to note that some claims can take longer than others to resolve.
Should your claim be issued with the Courts, the claim will continue until conclusion.
Who should I speak with?
If you or a family member have suffered injury and potentially financial loss, it is important to seek specialist legal advice to understand your position and rights to compensation. Contact our Personal Injury and Medical Negligence team through our contact page, or get in touch with Lauren Goode directly for more information at Lauren.Goode@mfgsolicitors.com.
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