Statute Of Limitations

Under the Statute of Limitations Act of 1957 a Claimant must submit a claim with the Injuries Board within 2 years from the date of loss (which is usually the date of the accident). In some cases eg medical negligence claims the 2 year time limit only starts from the date of knowledge of the loss. It is important that the process is started as soon as possible in order to avoid missing the 2 year deadline. If a case has not been submitted with the Injuries Board within the 2 year period the case then becomes “Statute Barred” meaning that the case is essentially dead.

It is important to note that a case submitted with the Injuries Board must be accompanied by a medical report from a doctor which outlines the nature of the injuries. It can take some time to arrange such reports, and that is why it always best to start the process as early as possible, to minimise the risk of missing the 2 year deadline.

Note that under the Legal Service Bill 2015, not yet enacted, the statute of limitation period in medical negligence claims is proposed to be increased to three years.

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