Meningitis Claims

If you are making a claim for meningitis negligence that affected you, there is normally a 3-year time limit to bring a claim.

However, if you are making a claim on behalf of a child affected by meningitis negligence, you will generally have until their 18th birthday to bring a claim. After this, they will have a further 3 years (until their 21st birthday) to bring a claim of their own.

• If making a claim for a loved one without the mental capacity to bring a claim of their own, there is usually no time limit to do so.
• If a loved one has died as a result of negligent treatment of meningitis, their next of kin or representatives of their estate will usually have 3 years from the date of death to bring a claim.

Knowing which time limit applies to your circumstances and whether there is still time to make a claim can be complicated. We therefore recommend speaking to one of our specialist medical negligence solicitors as soon as possible, even if a number of years have passed since the negligence occurred.

This will be determined by the seriousness of the injuries caused as a result of meningitis negligence and the impact this has had on the lifestyle of the person affected. In the most serious cases, where lifelong care will be needed, the value of a meningitis negligence claim can be very substantial.

Compensation for negligent treatment of meningitis is normally split into two types of damages:

Special damages – For specific financial losses incurred up to the date of settlement. This will typically include things like paying for private treatment and care support, buying special equipment and replacing lost earnings.

General damages – For non-financial losses (such as pain and suffering and lifestyle changes) plus expected future financial losses (e.g. paying for ongoing care).

If the person affected by meningitis negligence is unable to bring a claim themselves, either because they lack the mental capacity or because they are a child, you may be able to do so for them by acting as their ‘litigation friend’.

A litigation friend has the legal right to make decisions about the case on behalf of the claimant. To become someone’s litigation friend, you will need to apply to a court and show that you are a suitable person or are acting as their deputy via the Court of Protection.

If you need to make a claim with respect to someone who has died due to negligent treatment of meningitis, you will need to be acting as the personal representative of their estate and/or their dependants.