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. The limitation periods are extended for claimants who are under the age of eighteen or mentally ill. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Notwithstanding the above, in general, a medical malpractice action for personal injury must be commenced within two years of the date of occurrence. In certain circumstances, such as foreign object cases, the limitation period does not begin until the end of treatment. When a case involves wrongful death, the statute of limitations is three years. Actions against the state must be commenced within one year and actions against a municipality must be commenced within two years of the occurrence.

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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