Time limits — known formally as the limitation period — are a foundational rule in any negligence claim. Miss the deadline and the court will refuse to hear the case, regardless of the underlying merits. This guide explains how the rule works for medical-negligence claims in Ireland, where the exceptions sit, and what to do if you think you may already be near the limit.

The general rule: two years from the date of knowledge

Under the Statute of Limitations (Amendment) Act 1991 and the Civil Liability and Courts Act 2004, a personal-injury claim — including a medical-negligence claim — must be issued within two years of the date of knowledge of the injury.

The date of knowledge is not always the date of the injury itself. It is the date on which the claimant first had — or could reasonably be expected to have had — sufficient knowledge to bring the case.

Exceptions worth knowing

• Children. For a claimant under 18, the two-year clock starts on their 18th birthday — not the date of injury.
• Persons of unsound mind. Where the claimant lacks legal capacity, the limitation period is extended.
• Fatal-injury cases. Different rules apply to dependents bringing claims under the Civil Liability Act 1961.
• Concealment or fraud. Where a defendant has concealed material facts, the clock can be paused.

What to do if you're near the limit

Do not wait. The legal process — particularly obtaining medical records and expert opinions — takes weeks. Phone us as soon as possible; we can issue a protective writ to preserve your position while the case is fully assessed.

Further reading

• Statute of Limitations (Amendment) Act 1991 — irishstatutebook.ie.
• Civil Liability and Courts Act 2004 s. 7 — date-of-knowledge definition.
• HSE complaints procedure (Your Service Your Say) — does not pause the limitation clock.