In the Republic of Ireland a Plaintiff must in the normal course issue a Personal Injury claim within 2 years from the date on which the cause of action arose. By way of example, if the Plaintiff was assaulted by the Defendant on the 1st January 2010 and contemplated issuing Civil Proceedings against the Defendant seeking compensation for personal injuries sustained those Proceedings would be statute barred unless the Plaintiff issued her Claim against the Defendant by the 31st December 2011. This statutory time limit arises under Section 48 of the Statute of Limitations Act 1957, as amended by the Civil liability & Courts Act 2004. See our webpage on the Statute of Limitations http://bit.ly/gWSVcm
However, what if the Plaintiff was suffering from a mental illness / was of unsound mind, to the extent that her illness prevented her from issuing those Proceedings within the 2 year statutory limitation period that applies in your particular case. This is a good reason for seeing a solicitor as soon as you think you may have a claim for compensation.</p> ">limitation period? Is there an exemption provided in those circumstances?
Where a person is under a disability the limitation period is suspended until the disability ceases. Section 48A of the Statute of Limitations Act 1957 provides for infants, persons of unsound mind, convicts and victims of sexual abuse.
In the HIGH Court case of Dana Doherty a person of Unsound Mind Not So Found –v- Michael Quigley [HC 2007 / 9323P; Judgment delivered on the 5th July 2011] where the plaintiff was at the time when the ordinary statutory period ran out in the early 1990s subsequently suffering from a psychological injury caused by the acts of Mr. Quigley the defendant and only issued her Proceedings in 2007 Mr Justice Ryan was satisfied that the plaintiff’s psychological health had been profoundly injured. Her will to bring the action or her ability to make a reasoned decision to bring the action were substantially impaired. His conclusion was that s. 48A applied and the plaintiff’s action was not statute-barred.
The Judge ruled that she was entitled to a substantial award of damages in sum of €400,000.00.
For further information on the Decision and the reasoning of Mr Justice Ryan`s reasoning read Brian Morgan`s Article at http://bit.ly/t8uBE0