Legal action is not something that people enter into on a whim. Legal processes, even at the best of times, can be gruelling and costly affairs. Not only do court cases necessitate forensic examination of the facts, coupled with the weight of various testimonies and the use of costly legal assistance throughout, but they can also take a long time to come around in the first place.
For this reason, it’s understandable why anyone would want to think twice before taking legal action against an individual or business, even if the case itself seems easy enough to answer. But hesitating is also a key risk, as we are about to discover. Here, let’s explore why striking while the iron is hot could be fundamental to your success in potential legal action.
Limitation Periods
There are various reasons for which moving quick is of vital importance to the success of a given court case, but one of the more immediate ones you’ll face is that of time limitations. In most cases, you are only eligible to lodge a legal claim within a preset period of time, which itself depends on the nature of the case.
As an example, if you experienced negligent care at the hands of a medical practitioner or institution, you would be inclined to engage medical negligence solicitors in order to receive your rightful compensation. However, you would be unable to do so if you waited more than three years from the time of the incident (or from learning of the damages caused by the incident) due to the time limitation relating to personal injury cases.
There are exceptions to this rule, though; for instance, if you experienced the negligence as a child, you would have three years from your 18th birthday to lodge a claim. There are also exemptions for those lacking mental capacity, unless they regain that capacity at a later date.
Complex Claims
Another major consideration relating to the length of a given legal process is that of case complexity. Some cases are simply harder to prove than others; a trip over a poorly-maintained pothole is relatively simple to prove, against proving that a GP negligently misprescribing a certain medication contributed conclusively to a worsening health condition.
Even relatively simple cases require an establishment of basic facts leading to a defendant being responsible. In personal injury cases, the ‘four Ds’ – duty, dereliction, damages and direct cause – must be established clearly to make a case. In difficult cases, more experts and evidence is required, which can take time to gather.
What Early Legal Advice Achieves
The above alone constitute reason enough to start your legal journey earlier. But early legal advice is more than a reactive consideration. It is also a proactive move, that engages you to secure crucial evidence in the first instance, before it is lost or destroyed according to other administrative processes. It also makes it easier for you to engage witnesses, with the result being a more robust case and likelihood of a better outcome.
https://www.hja.net/legal-services/medical-negligence/
medical negligence solicitors – longtail
763710 – Rachel Baines – Hodge Jones & Allen LLP – tbc.com
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