Victoria Medical Negligence Solicitor - VIC Injury Compensation Lawyers
The relevant law on time limitation in Victoria can be found in The Limitation of Actions Act 1958 as subsequently amended. Victoria medical negligence solicitors must either settle claims or issue proceedings in a court of law is usually three years from the date of the incident that gives rise to the action or three years from the date that the potential claimant knew or should have known about the injury, however there are certain VIC exceptions to this general rule.
With minors, it will be presumed that a parent will protect a child's interests by bringing proceedings and the limitation period for minors is 6 years from the date the parents knew or should have known about the injury, that the injury was caused by the fault of the defendant and that the injury was serious enough to justify legal proceedings. Other provisions allow legal proceedings to be brought later if the child has not been in the custody of a parent or guardian and protect children in cases where the parent might be influenced by the potential defendant not to bring the claim. VIC limitation matters can be complex and you should take advice from a qualified Victoria medical negligence solicitor
Legal proceedings claiming damages for personal injury cannot be brought after 12 years from the date of the incident that is alleged to have caused the injury however there is judicial discretion to extend the limitation period where it is in the interests of justice to do so.
Limitation is complex and difficult law and advice should always be obtained from a specialist qualified solicitor. For advice at no cost on no win no fee medical negligence compensation claims get in touch today.
Our VIC solicitors are happy to give you free advice with no obligation to pursue your claim. They operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.
If you have suffered physical damage as a result of another persons negligence then a solicitor can help you claim damages for your pain, suffering and financial losses. For convenience, lawyers divide compensation into two distinct categories. Special damages represent compensation for losses are easily calculable including wages, and other expenses. General damages represent compensation for losses that cannot be calculated accurately and must be at least partially assessed by a judge including pain and suffering, loss of opportunity in life, and obstruction to a normal lifestyle.
If the incident occurred within the last three years, then contact us for a referral to a medical negligence solicitor with lots of experience in this field of law, and you could stand to gain the compensation that you deserve. Get the ball rolling and do this as quickly as possible.
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