Time Periods For Children To Claim For Fatal Clinical Negligence
Child Of Clinical Negligence Victim Question
My mother died at hospital whilst giving birth to me. I am 17 years old and I have only recently found out that there were some hospital errors which caused her death.
I was brought up by my grandparents – my father having passed away 6 months after my mother’s death. No claim was made at the time of my mother’s death.
Am I too late to make a claim for her death?
Clinical Negligence Solicitor Response
A claim for compensation for negligence has a statutory limitation period. This period sets out the maximum time period you have to commence a claim at court before it is too late to claim and you are statute barred.
At the time your mother died you were a baby and as such classed by law as a minor (under the age of 18 years). Usually there would be three years from the date of your mother’s death to make a clam – but as you were a minor you have three years from the date of your majority (18th birthday) to make a claim.
In other words – you have until your 21st birthday to commence a claim at court before it is too late to claim.
At 17 years of age you are still technically classed as a minor in England and Wales and as such cannot make a claim in your own right without an appropriate adult acting as a litigation friend and providing instructions on your behalf (at the age of 18 years you can provide instructions in your own right).
Please note that the age of majority varies from country to country in the UK. In England and Wales it is 18 years of age – in Scotland it is 16 years of age.
To see an article I have written explaining the three year rule in detail with exceptions to the rule – click how long to claim for personal injury.
To see the types and amounts of compensation that can be claimed as a result of negligence leading to death of an individual click fatal accident claims how much.
How to claim for fatal clinical negligence
It is important that you (or an adult who can provide instructions on your behalf, such as one of your grandparents) contact a specialist solicitor as soon as possible to discuss the circumstances surrounding your mother’s death to determine the possibility of making a fatal clinical negligence claim.
Click how long to claim for fatal clinical negligence to contact me direct to discuss making a medical negligence claim.