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. The limitation periods may be tolled for minors, persons who are mentally incapacitated at the time the cause of action accrues, as well as in instances where the cause of action is fraudulently concealed, where the claimant is absent from the state or in prison. 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 or wrongful death must be brought within three years from the date of injury or from the date when the claimant discovered or reasonably should have discovered the injury. In no event may an action be brought more than five years after the date of injury. The period is tolled for minors under the age of four until they are eight years old or until the date of death, and during any period in which the minor does not reside with a parent or guardian.

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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