Under the Limitation Act 1980 professional negligence claimants usually have six years in which to make a compensation claim. However, the problem with this is that it can be problematic in identifying the moment at which this six-year period begins.
Oratto member solicitors for professional negligence claims can assist from the outset and will be able to commence the claim at the soonest opportunity.
Claims for breach of contract
The time limit in claims for breach of contract begins from the date on which the relevant term of the contract was breached.
However, even instances of breach of contract may vary from case to case. For example, some claims will relate to the breach of a specific term while others will be for a breach of general contractual duty, whether explicit or implicit.
Furthermore, in cases of multiple breaches, each breach is likely to be viewed by the courts as a separate instance of negligence, meaning that for each breach of contract claim, the claimant has six years in which to bring legal proceedings.
Claims for negligence
The time limit for claims in negligence typically begins at the point at which "damage" or "loss" occurs. This can be difficult to define. For example, the point of loss or damage might be the point at which a defect first occurred, it might mean the point at which a consequent loss of opportunity arose or it might mean the point at which the loss or damage was noticed (or should have been noticed).
The need for clarity
As the above demonstrates, it is not always clear when the limitation period begins. As such, it is essential that claimants receive advice from a professional negligence solicitor at the earliest possible opportunity.
Stopping the limitation period
It is necessary to send a claim form to the court to stop the limitation period from continuing to run. This involves drafting the claim form, taking to the court and paying the appropriate fee. The only alternative to this is agreeing with the defendant to stop the limitation period from running.
Oratto professional negligence solicitors
Oratto's member professional negligence solicitors can help you ensure the best possible advice and representation in the event you decide to pursue a claim for the negligence of a professional.
Call us today or click through to the lawyer profiles on the right-hand-side of this page to find the legal professional you wish to make contact with.
We understand that everyone's circumstances are different, so choose the Oratto member lawyer who is right for you.