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 these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Medical malpractice claims for injury or death must be brought within two years after the date of the injury or from the date when the injury becomes reasonably ascertainable to the injured person. In no event, however, shall any action be brought more than four years after the date on which the alleged wrongful act occurred. If a person entitled to bring an action is under the age of 18, incapacitated, or imprisoned, then he or she may bring the action within one year after the disability is removed, but no more than eight years after the time of the act giving rise to the cause of action.

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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