The pelvic mesh scandals have been going on for over a decade. For those yet to start case, a common question that many ask is this: how long do I have to start a case?
We cover this topic quite a lot, and our answer remains the same. You should always – always – start your vaginal mesh compensation case as soon as you possibly can.
There can be multiple deadlines that are in place for different laws, and you only need to miss one to lose your chance to claim.
How long do I have to claim vaginal mesh compensation?
To try and answer this question, we need to break the question down into the details to know how long you may have left to claim.
First and foremost, the below is for very general guidance only, and you should not use it to try to calculate how long you have left yourself. You should always seek proper legal advice to confirm exactly how long you have left, and do not leave it to chance by using these guidelines as the proper calculation.
There can be a lot to consider, and we need to assess the individual factors relevant for you. We must make it clear that you should not rely on the below only and strongly advise that you seek proper legal advice as we do not want you to misinterpret anything or get it wrong.
Hopefully, you will appreciate why we must make this clear, as we only ever want to help you.
In terms of the questions, for general guidance only:
Q: How long do I have to start my pelvic mesh compensation claim?
A: The Limitation Period means that you normally only have three years from the date of an incident or date of knowledge of negligence to bring a claim. The incident could be surgery, and the date of knowledge could be when you ought to have known there was an issue. This could be from being told by a professional there was an issue, or due to suffering problems and complications.
Q: How long do I have to settle the case once it has started?
A: The same three-year rule generally applies for even when you have started a case, but if the date is approaching and the case is not settled, we can take steps to protect the case. We can issue protective court proceedings and continue with the claim beyond the limitation period expiration.
Q: How long do I have if I was not aware that I could claim?
A: The simple argument that you did not know you could claim is not an easy one to rely on. If you had symptoms or you ought to have known, the date is often calculated on that basis.
What happens if I miss the deadline?
If you miss a deadline, you could be statute barred from pursuing a claim. This means that the opponent can raise a defence in law that you have not pursued your claim in time and this defence could be used to fully defend any proceedings you bring.
How do I get proper advice about the deadline?
Our team is always happy to offer free and no-obligation advice. Feel free to contact us today and we can assess the case and let you know how long you may have left to claim.
Unfortunately, we have to reject a lot of cases due to being outside the limitation period, so we strongly recommend that you seek advice as a matter of urgency.
IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.