In Scotland, the time limit for personal injury claims is governed by the Prescription and Limitation (Scotland) Act 1973, as amended. This act sets out the rules regarding the time within which a claim for personal injury must be raised in court. Here's a breakdown:
The general time limit for bringing a personal injury claim in Scotland is three years from the date of the accident/negligence or from the date when the injury became known or ought reasonably to have become known by the pursuer. This means that you have three years from either the date of the accident/negligence or the date you ought reasonable to have become aware of your injury to start legal proceedings.
The date of knowledge provision is particularly relevant in cases where the injury isn't immediately apparent. For instance, if someone suffers from an illness due to exposure to a harmful substance over time, the three-year time limit would start from the date they became reasonable aware of their condition and its cause.
We have seen many reasons why the date of knowledge of the injury may be far different to the date of the injury itself. Symptoms may not begin or display for some time, you only find out through later medical procedures or there could be a delayed diagnosis.
We use medical records and your account to confirm whether there is a date of knowledge which could be said to have given you the requisite knowledge to bring a personal injury claim. We need to ensure that the date of knowledge will be the date you personally made the connection between your injury and possible negligence. This can be complex and will often take several factors in to account including your position and the time line of your condition and symptoms both pre and post your accident/negligence. However, there are complexities in such cases, and legal advice should be sought promptly.
If the injured party is under the age of 16 at the time of the accident/negligence, the three-year time limit starts from the minors 16th birthday. So, they would have until their 19th birthday to bring a claim.
If the injured person lacks mental capacity, which requires a diagnosis or supportive medical information, the three-year time limit doesn't start until they regain capacity. However, there are complexities in such cases, and legal advice should be sought promptly.
If the injured pursuer loses capacity after the accident/negligence then the 3-year time limit applies as set out above but again there are complexities in such cases, and legal advice should be sought promptly.
If the injured person dies during the three-year limitation period, then the three years is extended to the date of death or their date of knowledge of harm, whichever is latest but again there are complexities in such cases, and legal advice should be sought promptly.
It is essential to note that these time limits are strict, and if a claim isn't brought within the prescribed period, it may be time-barred, meaning the court may refuse to hear the case. It is crucial to seek legal advice promptly if you believe you have a personal injury claim in Scotland
In some cases, the court has the discretion to extend the 3-year time limit if it considers it just and equitable to do so. This is not a guaranteed route and each case has to be assessed on its own merits. However, in our experience such extensions are rare with the courts rarely applying discretion without very good and evidence lead basis.
It is crucial to seek legal advice promptly if you believe you have an accident or medical negligence claim. Failing to bring legal proceedings within the time limits may result in the claim being time-barred, and you may lose the right to pursue compensation.
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