Understanding the Statute of Limitations for a Medical Malpractice Case.
Two questions that we are commonly asked are “do I have a case” and “do I still have enough time to file my case?”
- Do I have a case applies to the facts of what happened and whether the facts mean a medical person is liable for what happened.
- Can I still bring the case deals with what we call the statute of limitations.
A statute of limitations is the law that tells us how long you have to bring a case. It is important to remember that every state has its own statute of limitations. We handle cases in Michigan, primarily, but we have had cases all over the country, so we are well-versed about what the time limits are in different states.
When evaluating your case, we need to know the location and the mechanism of the injury, because every single claim has its own statute of limitations, and the statute of limitations can be different based on when the injury or the incident occurred, as well as when you became aware of the injury.
Medical Malpractice Statute of Limitations
In a medical malpractice setting in Michigan, the general statute of limitations is two years from the day of the malpractice. There’s a variety of situations which can extend the statute of limitations. A lawyer who is not well-versed in medical malpractice will not understand the statute of limitations, because in a medical malpractice case, although the general rule is two years from the date of the malpractice, if it’s a minor, you have a different scenario. Also, a minor who is under the age of 10 is treated differently than a minor who is over the age of 10.
Sometimes acts of medical malpractice can cause someone to die. If you have a malpractice claim that results in death, then the statute of limitations can be extended past the two year time limit, Like most of the statutes and laws associated with medical malpractice claims, the issues relating to the statute of limitations are complicated and it is important to consult with a competent and experienced attorney.
Contact Giroux Pappas Trial Attorneys for a free case evaluation and to discuss the specifics of your case to see if you are still within your statute of limitations.