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What is a statute of limitations?

| Jun 9, 2016 | Medical Malpractice

If you’re hurt by a medical professional who is negligent or who misdiagnoses or fails to diagnose you, then you’re in a position to file a medical malpractice lawsuit. Though you have the opportunity, you only have so much time to file your case before it will become void.

The time limit in place is known as a statute of limitations. This statute states that any lawsuit that will be filed because of an accident or injury must be done within a specified amount of time. If it’s not, then that person gives up his or her right to file a claim.

Each state has a slightly different statute of limitations, and it may vary depending on your personal situation. For instance, if you are hurt and identify that injury to your doctor, the time when that injury takes place is when the statute of limitations kicks in.

However, if your injury is silent and you don’t know about it for many months after it took place, then your statute of limitations may begin when you finally understand the cause of symptoms and recognize that you were injured. In that case, it would be unfair to start your time period from the date of injury, because you didn’t know it had occurred.

As soon as you’re injured or know that you’ve suffered an injury, it’s important to speak with your attorney and start the process for your claim. Waiting too long can mean that you lose your right to file a claim or get compensated for the injuries you’re suffering now and potentially for those you’ll suffer in the future.

Source: FindLaw, “Time Limits to Bring a Case: The “Statute of Limitations”,” accessed June 09, 2016

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