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Legal matters

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essay writing. Is this legal information correct.

3 replies

polkadotdalmation · 31/05/2023 21:11

Talking about a birth injury litigation case. very grateful if you have legal training whether this is correct. I think so, but getting a wobble.
Traditional cases average 7-11 years, so getting started early is important. However, you have until your child is 18 to start a case on their behalf. If after this time the child has capacity, they can bring a case on their own behalf in the 3 years until they are 21. There is also the leeway to start a case later if it is the case that you or they were unaware there had been negligence, and only become aware of it after the age of 21, in which case you or they have 3 years to start a case.

OP posts:
prh47bridge · 31/05/2023 22:16

In broad terms that is correct. I would tweak the last sentence a little. If the child becomes aware of the negligence after the age of 21, they can bring a case but they must do so within 3 years of the date on which they first knew of the negligence.

Shiloh139 · 31/05/2023 22:37

You might want to say that birth injury litigation last for a longer period than the 7-11 year average you state as typically the legal teams and medical experts for both sides will want to know with a great deal of certainty what the claimant's capabilities are going to be and often that won't be evident until they're of age. And re date of knowledge, it's the date they knew or ought to have known that there was negligence that the 3 year limitation period starts to run.

polkadotdalmation · 01/06/2023 09:26

@prh47bridge @Shiloh139 Thank you so much. Yes, I'll tweak that last sentence explaining the 3 year rule more clearly.

I'll also mention the length of the cases because, as you say, a claim often goes into a 'stay' prior to the final settlement, so that does lengthen the whole process.

Thanks 😊

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