The legal rule called the “statute of limitations” is often heard in various personal injury cases. It is also encountered when a person is bringing a medical malpractice lawsuit. However, it may also refer to any lawsuit that takes place from an injury or an accident, which must be filed within a certain period of time. Failure to file the case within the given period means that the legal claim of the injured person will be lost. He or she can no longer make a claim, as it will be barred along with his or her right to sue.
Each state has its own rule when to bring a case for medical malpractice. The specific time limit allowed by the state usually range from one to six years. Here is a short detail about the time limit when filing a medical malpractice case.
If you sustained an injury because of another person’s action or inaction, you should act promptly. Make sure that you did not exceed the time limit to qualify for the compensation. Then, you can recover damages successfully. In most circumstances, the statute of limitations of a state is not clear. For this reason, you need an expert injury attorney to review your claim for free.
The next step of this legal process is to call a qualified attorney that specializes in medical malpractice. This way, you can guarantee that your rights will be protected. Your attorney should be able to explain and discuss everything about your case. He must be able to state these insights in a clear and simple manner.
The Process of Filing A Medical Malpractice Case
If you wish to bring a claim in this issue, you will also think about how long it will take to be settled. In fact, it is a question that is not easy to answer. If you are the patient, expect to face the case for a couple of years. There are numerous studies about this type of legal case which produced various results. In recent studies, the average period it takes in between the health-related injury and the closing of medical malpractice cases is about five years.
Remember that there is no specific period in the process where settlement takes place. These settlement negotiations may occur at any point. But, these may also happen on multiple occasions as a case progresses. Such settlement agreement takes place under the “courthouse steps.”