NSW Medical Negligence Solicitors - New South Wales Limitation
There are time limits on personal injury compensation claims in New South Wales. Medical negligence compensation claims are a type of personal injury compensation claim. The Primary limitation period in New South Wales is defined in The Limitation Act 1969 as three years. This means that a medical negligence compensation claim must be settled or proceedings must have been issued in a court of law by an NSW medical negligence solicitor within three years of the incident that caused the injury or within three years of the injury being discovered by the victim. There are some exceptions to the general rule and in addition the court has discretion in certain circumstance to extend the limitation period however this power is rarely used in practice.
The exceptions to the three year rule include :-
This refers to people who have not attained the age of 18 years. The limitation period does not start to run until the persons 18th birthdate and it therefore expires on the eve of the 21st birthday.
The limitation period does not run against a person who is suffering from mental disability. The limitation period will however start to run against a person formerly with a mental disability once full mental capacity returns.
NSW Medical Negligence Solicitors
It sometimes happens that NSW solicitors miss the expiration of the limitation period and do not issue court proceedings in time therefore ensuring that the victim is barred from making a claim. Insurers tend to take full advantage of this situation and most always refuse to settle a claim on an informal basis. It must be recognised that their principle responsibly is to their shareholders. In such a scenario it is necessary for the claimant to instruct a specialist NSW professional negligence solicitor to take legal action against the former NSW medical negligence solicitors who will refer the claim onto their indemnity insurers with a view to settlement of the original claim.
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The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here