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, claims against governmental agencies including the state and municipal corporations must be filed within one year of the date of the incident. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Any action for personal injury or death against a physician or hospital must be filed within two years from the date the claimant knew or reasonably should have known of the injury. In no instance may a claimant bring an action more than four years after the date on which the alleged act or omission occurred. If the claimant was under the age of eight when the cause of action accrued, the limitation period for filing suit is eight years from the date of the alleged negligence. In no event may a lawsuit be filed after the minor claimant`s twenty­second birthday. If the claimant is mentally incompetent, the period of limitations does not begin to run until the disability is removed.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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