Hello my name is ***** ***** I will help you with this.
Hoe much out of time is it please?
the fee is for the question. There has been no change for the telephone call.
I asked how much out of time it was please?
How are you out of time if he died in 2015? When did the alleged negligence take place?
Under the Limitation Act 1980 you have 3 years from the date of knowledge to bring a claim. If you are outside of this period then sadly as you know you are out of time.
You would need to issue proceedings and seek an order from the Court to lift limitation. If there is a good reason, such as you were in a coma in hospital, or the time limit has just expired, then you would be able to get this.
If it has been years after the expiry then its unlikely that you will get permission.
But you need to seek a Court order by completing form N208:
The Court will list the matter and decide whether to give permission.
Can I clarify anything for you about this today please?
Indeed I understand. No its 3 years from date aware of negligence. So if the act caused negligence then it would be that.
Does that clarify?
Its from the date of knowledge, so when you found out.
Indeed. In that case you can claim and have 3 years from the date of knowledge.
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