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

Any medical malpractice action for personal injury or wrongful death must be commenced within three years of the date of incident, date of death, or the date when the claimant knew or should have known of the alleged wrongful act. The limitation period is tolled for claimants who are minors or mentally incompetent and the three­year period begins to run following removal of the disability.

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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