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London Belgravia Personal Injury solicitors explain personal injury medical negligence time limits in lockdown

by Hena Mir — Posted on 31 July, 2020

With normal life shaken by the COVID-19 pandemic, our London Belgravia personal injury solicitors can you get the compensation and the justice you deserve.

 

The coronavirus pandemic has caused enormous disruption throughout every aspect of our lives. While thankfully it has meant fewer work accidents, traffic accidents and other incidents, those who were about to make a personal injury or medical negligence claim may be worried about whether lockdown will affect their chance to receive the compensation they are entitled to. Our London Belgravia personal injury solicitors at Starck Uberoi understand the concerns you may be facing at this difficult time and can help you make your claim despite these limiting circumstances.

 

What happens in usual circumstances?

Usually, individuals seeking to make a personal injury or medical negligence claim would have three years, beginning from the day they sustained or became aware of their illness or injury. There are a few exceptions to this rule:

  • If the claimant was a minor when they suffered the injury
    – If the victim was under 18 when their injury happened and their parent has not yet claimed on their behalf, the claimant will have three years starting from their 18th birthday to make a claim.
  • If the claimant lacked mental capacity
    – In the event the claimant temporarily lacked mental capacity, they will have three years beginning from when their capacity returned
  • If the claimant wasn’t aware of their illness or injury immediately
    – If the claimant wasn’t immediately aware of their illness or injury (as they often aren’t in medical negligence cases), the three-year period begins when they become aware of it
  • If the claimant dies during the three-year period
    – If the claimant unfortunately dies during their three-year claim period, their estate will have three years from the date of their death to claim compensation.

If you are uncertain as to what the rules would be regarding your case, get in touch with one of our London Belgravia Personal Injury solicitors on 020 8840 6640.

 

How will the COVID-19 pandemic affect my personal injury claim?

Social distancing measures have meant that several parts of the claiming process will take longer to do. For example, medical professionals now must prioritise the recovery of those with COVID-19, making it more difficult to find an available medical expert who can perform your medical examination. Unfortunately, that causes delays in the process of gathering evidence, ultimately lengthening the time it takes before a letter of claim can be sent.

Thankfully, some changes have been made to the way medical evidence can be collected to ensure that those who have suffered injury or illness can still receive the compensation they deserve. Medical examinations can be carried out over video calls, and while face-to-face appointments are currently unavailable, our team work efficiently over telephone and email to provide you the help you need.

 

What will happen if I do not make my claim in time?

In most cases, if your claim is not settled within the three-year time period, your case will be considered as ‘time-barred’ and you may lose out on any compensation you would have been entitled to. Sometimes, you may apply to the court to have the claim period extended for you, but the court has the opportunity to reject your request. To know whether you can still claim, contact us on 020 8840 6640.

 

What do I need to do to ensure my claim is made within the time limit?

  • Instruct your London Belgravia personal injury solicitor as soon as possible
    – Even in normal circumstances, it is best to instruct your solicitor as soon as you start considering making a claim, as you will benefit from having more time to consider your options and gather evidence. Urgency is of even more importance in our current situation as it may take even longer to get the information you require from healthcare professionals, especially if you’re making a medical negligence claim. Our solicitors understand the importance of urgency in these matters and respond quickly and productively to make sure your case is settled as fast as it can.
  • Be organised in collecting evidence
    – While medical records and a medical examination may inevitably take longer to procure, you can collect and organise some of the evidence you need while you wait. Examples of evidence you can obtain yourself include photographs of the injury, a record of your financial losses and a written statement by you.
  • Work remotely where possible

– Due to the sharp increase in demand, delivery times are now much longer, costing you even more valuable time. You should work with your solicitor over telephone and email and if possible, scan any paper documents required for your case. At Starck Uberoi, we primarily work over telephone and email even in normal circumstances to ensure that your case is handled with the efficiency you need.

 

How we can help you

Starck Uberoi has an experienced and committed personal injury team who approach each case individually to ensure you get the support you need. Our Ealing Personal Injury Solicitors understand the disruption and pain a workplace injury or illness can cause, and how distressing the process of making a claim can be. That is why we strive to provide the best legal help for our clients. We operate on a “no win, no fee” basis to offer clients some peace of mind should their case be unsuccessful.

For more information, please visit the personal injury page on our website. To book an appointment at one of our offices, please call us on 020 8840 6640 or email us at solicitor@starckuberoi.co.uk. Our offices are based in Brentford, Ealing, Fetcham, Leatherhead, Canterbury and London Victoria.

Further reading

About Hena Mir

Hena specialises in Personal Injury Litigation on behalf of Claimants and deals with a range of claims including accidents occurring in the workplace, accidents in public places, and road traffic accidents. In particular, Hena deals with serious and complicated injury claims and enjoys helping Claimants achieve maximum recovery and appropriate compensation. Hena has extensive experience in medical negligence claims on behalf of Claimants who have suffered as a result of surgical errors, delays in diagnosis, delays in treatment, missed fractures and other instances of medical malpractice. Hena has experience dealing with claims against NHS and Private Hospitals, GP Practices and Dentists. Outside of work Hena enjoys working out, reading legal thrillers and spending time with her young family.