One day when I was driving on the freeway, I was completely blindsided by another car pummeling down the hill. I didn't know what to do or what went wrong, but I knew things were bad. I couldn't feel my feet at first, and my face was covered in liquid that turned out to be blood. When the ambulance arrived I could see the concern on their faces, and it was frustrating to know what was about to come. Fortunately, I was able to get great medical care, and talk with a personal injury attorney that helped me to sort out everything else. Read this website to find out how accident attorneys can help you to make a difference in your own life.
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When you get harmed because of the carelessness or negligence of a medical doctor or facility, you are entitled to gain compensation. While mere money can pale in comparison to what you've lost, the financial punishment may be your only recourse. Taking legal action against your doctor or the hospital might prevent others from suffering the same fate as you, so seeking money damages is about even more than just the financial compensation. Unfortunately, medical malpractice victims have a limited amount of time to file their cases, so read on to learn more.
The Statute of Limitations
Whether you are planning to file a car accident, slip-and-fall, or medical malpractice claim, you must be aware of the statute of limitations. These statutes are meant to both encourage a timely filing of a claim while at the same time protecting the plaintiffs from having to defend claims for incidents that occurred many years ago. Every state has a statute of limitations and the time allowed to file can differ between the various types of claims. For example, the time limit for a car accident in a certain state might be two years but the time limit for filing a medical malpractice case might only be one year.
In general, the time limits for filing medical malpractice claims can often be shorter than that of other forms of personal injuries. Before you make assumptions about how much time you have, there are two important facts to keep in mind:
1. You must file your claim using the statute of limitations in the same state where your malpractice event occurred. For instance, if you visited a nearby state to have surgery performed and the surgeon made a medical error, you must obey the statutes and file your claim in that nearby state, not your own state of residence.
2. If you wait too long to file, your case won't see court. No matter how egregious the damage done to you by a medical professional or facility, you have lost your ability to seek damages if you exceed the statute of limitations.
When You May File
In most cases, a medical malpractice attorney should be contacted as soon as you become aware of the damage done. They can evaluate the potential for a case while also keeping a close eye on the statute of limitations that applies to your case. Once the injury has occurred, the statute of limitations stopwatch begins to tick. There are, however, a few notable exceptions to this rule. If you are incapacitated in any manner, be it physical or mental, your clock won't start to tick until a doctor declares you fit to make legal decisions.
For more information, speak to a medical malpractice law office, like R.J. Marzella & Associates, P.C. as soon as possible.
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