UK Adult Cerebral Palsy Time Limits

The primary limitation period for taking action for damages is three years from the date of the negligence however this primary period is extended in certain cases:

• An exception to the three year period occurs when the injured person is suffering from mental disability and the time limit does not start to run until mental capacity has returned. In the case of an adult cerebral palsy suffer who is mentally disabled it is unlikely that mental capacity will recover and an action for damages can be started even though the primary limitation period is long past.
• For minors the three year period does not start running until the age of 18 years. If a legal action for damages has not been commenced in the courts by the expiry of the three year period then the opportunity to claim compensation will have been lost unless the minor suffers from mental incapacity.
• The courts have wide powers to alter the time limits but the occasions on which this discretion is exercised are rare.

Effectively there is no limitation on the time that a mentally disabled person can take legal action for medical negligence.

Limitation considerations are complex legal matters and it is essential that guidance is sought from an experienced solicitor.
A summary of the law extracted from The Limitation Act 1980 is outlined below:

• In actions for damages for personal injury, the limitation period is three years. This starts to run either from the date on which the injury occurred or from the date on which the person injured first had knowledge of the injury. The date of knowledge is the first date on which the claimant has knowledge:
  • that the injury in question was significant;
  • that the injury was attributable to negligence;
  • the identity of the defendant:
• The court can extend the normal limitation period where the claimant was an infant, or a person of unsound mind.
• The court has a wider power to extend the normal time limits. The considerations for the exercise of this power are:
  • the length of and reasons for delay;
  • whether the evidence is affected by delay;
  • the defendant's conduct;
  • the duration of disability;
  • whether the claimant acted promptly and reasonably;
  • the steps taken to obtain expert advice;
  • the nature of the expert evidence:

Cerebral palsy is a devastating illness altering the lives of both victims and their families forever. If this condition resulted from medical negligence, we can help to assert the rights of the injured person and get the compensation they need and deserve. If a member of your family or a friend would like free advice from a specialist on adult cerebral palsy compensation claims then just complete the adult cerebral palsy report form and a solicitor who is a member of The Law Society panel of medical negligence experts will telephone you to discuss their claim.