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, if the person who caused the injury is an employee of a government agency or political subdivision, you only have one year in which to file a written notice of your claim and ninety days thereafter in which to file your lawsuit. 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 injury or death must be commenced within two years form the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered. If at the time at which the cause of action shall or with reasonable diligence might have been first known or discovered, the claimant is six years of age or younger, an action may be brought within two years of the child`s sixth birthday or two years after the child`s death, whichever occurs first. If the action accrues while the child does not have a parent or legal guardian, the statute of limitations is tolled until the child has such parent or legal guardian, or until the claimant reaches the age of majority, whichever occurs first. If a claimant is of unsound mind at the time the cause of action accrues, the limitation period is tolled until two years after 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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