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 example, if you have a claim against state or local government, you must notify them within six months 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.

An action for medical malpractice must be commenced within two years after the cause of action accrues. In most cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. In such cases, the limitation period does not begin to run until the discovery of the injury is reasonably possible. Wrongful death cases must be filed within two years from the date of death. If the claimant is an unemancipated minor at the time the cause of action accrues, the limitation period is tolled until two years after he reaches the age of eighteen.

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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