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May 5, 2017 Lawrence 'D' Pew

What is the Statute of Limitations for Medical Malpractice Claims?

The following post is from Percy Martinez Law Firm in Orlando, FL.

Every law has a set time frame for filing a medical malpractice claim. Not only does it apply to medical malpractice claims, but to any other legal claim that wants to be filed. This is called “statute of limitations.” Below will be described how important it is to file a medical malpractice within its time frame and how a claim will be affected by the statute of limitations.

Statute of Limitations Defined

The statute of limitations is a law that limits a person’s time in filing a lawsuit. Depending on the claim that is filed, different deadlines are permitted. The statute of limitations for a personal injury lawsuit might be completely different than the statute of limitation for a breach of contract. Regardless of the time frame being different, the end results will always be the same: if a person does not file within the permitted time frame, their case will be dismissed. A person’s right to be compensated will be lost. Because of these reasons, it is important to understand how long a person has to file a medical malpractice lawsuit. Additionally, the state in which the claim is filed impacts the statute of limitation. Many states have a specific statute of limitations for these types of claims.

The medical malpractice lawyers at Percy Martinez Law Firm can help a victim of a medical malpractice file a claim within the allowed time frame.

Statute of Limitation For Medical Malpractice By State

Some states have two-time frames because it takes into consideration whether the victim discovered or realized medical negligence had occurred to them. These are the statute of limitations for medical malpractice for every state:

Many laws recognize that it wouldn’t be fair for a person to lose their right to file a claim if they never even knew that they were harmed by a medical malpractice. This is where states have adopted the “discovery rule.” With this rule in place, the statute of limitation does not start until after the person has discovered that they were harmed by a medical malpractice.

Helping Victims of Medical Malpractice File Claims in Orlando

Filing a medical malpractice claim depends on many laws and regulations. A person must know which laws apply to their case and the state in which they are filing. A person seeking help in Orlando can contact an attorney from Percy Martinez Law Firm to help them file their case within the allowed time frame and win what they are entitled to.






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