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, in Utah, governmental agencies must receive notice within one year of the time the claim arises. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

Medical malpractice claims generally must be brought within two years from the date when the injury was or should have been discovered, with a maximum limit of four years after the alleged wrongful act. Foreign object actions may be brought within one year of the date when the object was or should have been discovered. According to the statute, this limitation period is not extended for minors or persons who are legally disabled, however, the Utah courts have held this to be unconstitutional as it applies to minors.

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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