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Time Limits For Making A Cauda Equina Syndrome Claim

Time Limits For Making A Cauda Equina Claim?

If you have suffered from Cauda Equina Syndrome and you are considering making a claim for medical negligence compensation, how long do you have to take action? Is there a time limit after which you cannot make a claim?

The purpose of this article is to explain the usual time limits. However, as with every rule there are often exceptions. In the circumstances, we strongly advise you to call us for a free claim assessment on 0800 234 3300 (or from a mobile 01761 490883) or complete an Online Enquiry and we will be able to advise you.

The Usual Time Limits For Making A Claim

Medical negligence claims should usually be brought to a court within three years of the date of the event which caused the Cauda Equina Syndrome.

One exception is from the 'date of knowledge'. For example, if you complained to your GP about back pain and tingling which is a common sympom of Cauda Equina, but he failed to take action and Cauda Equina is diagnosed much later, the time limit may run from the date of the diagnosis of the diagnosis of your Cauda Equina Syndrome.

The common exceptions to the rule:-

1. You are a minor

Anyone under the age of 18 is considered to be a minor, meaning they are not considered able to make a claim on their own behalf. Thus there are two options available: either a parent or legal guardian must make a claim on their behalf, or a potential claimant must wait until their 18th birthday, after which they have exactly three years to make a claim. This means that limitation expires on their 21st birthday.

2. You lack mental capacity

Anyone who lacks mental capacity will not be restricted by the Act of Limitation. The three year time limit does not therefore apply.

Speak to a solicitor today

Please call us now for a free, no obligation assessment on 0800 234 3300 (or from a mobile 01761 490883) or complete our Online Enquiry Form.

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