The statute of limitations for medical malpractice lawsuits varies from state to state. Generally, it is two or three years from the date that an injury was discovered or should have been discovered. However, some states may allow longer periods depending on the circumstances of the case.
Knowing when you’ve reached the statute of limitations for medical malpractice lawsuits is important because if you wait too long to file, your claim may be barred from the court. Here are 7 ways how to tell when you’ve reached the statute of limitations:
1. Contact A Lawyer
An experienced medical malpractice lawyer will be able to assess your case and advise you on whether or not you may have a claim and when the statute of limitations for medical malpractice lawsuits will expire.
2. Check Your State’s Statute Of Limitations
Each state has its own laws concerning medical malpractice claims and the deadlines to file them. To find out what your state law requires, check with your state legislature or consult a local medical malpractice lawyer.
3. Check Your Date Of Injury
In most states, the statute of limitations for medical malpractice lawsuits begins to run from the date of injury or when you should have been aware that an injury had occurred. So, if your claim involves an incident that recently happened, it’s important to check your state’s laws to see when the clock starts ticking.
4. Check The Date Of Discovery
In some cases, you may have not known the extent of an injury until later than the date that it actually occurred. In those particular cases, the statute of limitations for medical malpractice lawsuits will usually begin running from the date that the injury was discovered or reasonably should have been discovered.
5. Check The Date Of Childhood Injuries
In some cases involving childhood injuries, the statute of limitations may not begin to run until after the child has reached legal age (18 years old). This is due to the delayed discovery or realization that an injury had occurred in many childhood injuries.
6. Check The Date Of Death
In cases involving wrongful death, the statute of limitations for medical malpractice lawsuits usually begins to run from the date of death, or when the death should have been discovered or reasonably should have been discovered.
7. Contact Your State Bar Association
If you are unsure about the statute of limitations for medical malpractice lawsuits in your state, it is best to contact a lawyer or your local bar association. They should be able to provide you with more specific information regarding the laws in your state.
Knowing when you’ve reached the statute of limitations is important because if you wait too long to file, your claim may be barred from the court. Make sure to research the laws in your state or speak with an experienced medical malpractice lawyer if you believe that you have been injured due to medical negligence. This will help ensure that you know when the statute of limitations for medical malpractice lawsuits expires and your rights are protected.