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. For example, a political subdivision must receive notice of a claim within 90 days of the date the cause of action accrues. 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 must be brought within two years from the date the cause of action accrues. In most cases, the cause of action accrues on the date of the incident, but there are exceptions when the injury could not have reasonably been discovered until a later date. A wrongful death action accrues on the date of death. The limitation periods are extended for minority or mental incapacity and time does not begin to run until the disability is removed.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.
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