When it comes to personal injury claims arising from medical malpractice, time can be an important factor. All claims for medical malpractice have a limited time frame in which they must be filed. This time frame is determined by statutes of limitations which vary depending on the state one is pursuing the claim. It is therefore important for anybody who thinks they might have a personal injury claim as a result of medical malpractice to get familiar with the statutes in their state.
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What are Statutes of Limitations?
Statutes of limitations refer to laws that limit the amount of time within which a legal action can be taken, in this case, a medical malpractice claim. The logic behind statutes of limitations is to ensure that legal actions are not delayed unnecessarily.
Moreover, statutes of limitations are meant to protect defendants from having to defend against claims brought long after the event in question happened. Such a delay could create a situation where evidence might have become lost or witnesses could no longer recall specific details about the event.
What are the Statutes of Limitations for Medical Malpractice Claims?
Statutes of limitations for medical malpractice claims vary depending on a combination of factors including the state in which the claim is brought, the type of claimant and the type of medical professional involved.
The statutes of limitations for medical malpractice claims generally range between one and six years. Which means that an individual must file a claim with the appropriate court within the specified time frame. If a claim is not filed within the set time frame, the person may forfeit the right to bring any legal action against the defendant even if the malpractice caused significant harm.
Exceptions to Statutes of Limitations
In rare cases, exceptions may be made to the statutes of limitations depending on the specific circumstances of each case. For instance, if an individual suffered an injury that was not discovered immediately or where the injury was caused by a foreign object that was not discovered for some time, the statute of limitations might be extended.
In such situations, however, the court will require sufficient evidence to show that the claimant could not have reasonably known about the injury or the cause of the injury until a later time.
Moreover, some states have instituted "tolling" provisions which suspend the accrual of the time within which the statute of limitations begins to run. Tolling the statute of limitations might occur if the injured individual is a minor, mentally ill, or disabled. In such circumstances, the statute of limitations might be paused and only begin to accrue once the individual has legally come of age or has regained mental or physical faculties.
How Does Filing Medical Malpractice Claims Work?
When filing a claim for medical malpractice, it is important to work with a top-notch attorney to ensure that the claim follows the requisite time frames. Filing the claim involves several steps, including documentation detailing the incident of medical malpractice, medical bills, and lost wages.
In addition, it is important to make sure that you or your attorney file the claim in the correct court and within the correct timeframe. Failure to meet requirements often leads to the dismissal of the case.
Conclusion
In conclusion, anyone who suspects that they may have a medical malpractice personal injury claim should make sure that they are aware of the statutes of limitations that apply in their state. It is important to take note of the time frames specified since any claim filed after the statutes of limitations have expired will likely be dismissed.
Furthermore, contacting a reputable attorney who has experience dealing with medical malpractice claims can go a long way in ensuring that the case is filed correctly and that the requisite evidence required to support your claim is well documented.