Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

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Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, written notice of claims against the state must be submitted within two years after the cause of action accrues. Notice of claims against political subdivisions must be presented within one year and suits commenced within two years of accrual of the cause of action. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

A medical malpractice action for personal injury must be brought within two years after the alleged wrongful act or within one year after the claimant discovered or reasonably should have discovered the wrongful act, but never more than ten years after the wrongful act. If the claimant is under the age of 21 or suffering from a mental disorder, the limitation period does not begin to run until the disability is lifted. If the malpractice resulted in death, the twoyear wrongful death statute of limitation applies.

Other Nebraska Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
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Q: Who Can Be Held Accountable For The Medical Malpractice?
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Q: Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: Signing a consent form in and of itself does not waive your rights. It is possible that the consent form does not contain all of the relevant information that it … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: As a victim of medical malpractice, you can sue for your injuries and all of the direct consequences of those injuries. Actual damages refers to the amount of money it … More
Q: How Can I Determine How Much My Claim Is Worth?
A: Attorneys are prohibited from promising that they will obtain a certain amount of money for you. For purposes of settlement, a claim is valued upon an estimate of what … More