Santa Rosa Medical Malpractice Statute of Limitations
Santa Rosa Medical Malpractice Statute of Limitations dictate how and when a person can file a legal claim of medical malpractice. There are statutes of limitations in every other area of law as well. This means medical malpractice claims are subject to lawsuit filing deadlines that are set by state law.
Our legal staff at Teal & Montgomery want to ensure our clients understand the many important details regarding malpractice litigation, such as time limits to file a claim and how to go about filing a claim. Our clients are our top priority and we want to make sure your claim is correctly filed. Please contact us at 707-703-4038 or online today.
What is a Statute of Limitation?
The term, “statute of limitations” concerns legislation that restricts the amount of time a person has before they can bring a lawsuit. Various deadlines are established depending on the type of claim you want to file. For example, the statute of limitations for a breach of contract claim might differ from the one that addresses a personal injury lawsuit. The result is the same if you do not file within the designated time period: The court will dismiss your lawsuit (usually after the defendant files a motion to dismiss) and you will lose your right to a civil remedy, with some exceptions. This is why it is so crucial to acknowledge and follow the statute of limitations as it applies to your medical malpractice case.
California and Santa Rosa Medical Malpractice Statute of Limitations
In California, the law dictates that once an individual suffers an injury from medical malpractice, there is a limited amount of time in which they can file a claim in court. Once this time has expired, the injured party loses his or her right to file a lawsuit and collect any compensation for his or her injuries.
What is the time limit?
According to California law, medical malpractice lawsuits must be filed no more than three years from the date of injury. However, in most cases only one year is permitted to file, starting from the date you discovered or should have discovered the fact that you were injured as a result of medical negligence.
What if the injury happened to a child?
If medical injury was caused to a child as a result of medical malpractice or negligence, the rules and time periods may vary. As with many statutes, there are exceptions and legal interpretation of the statute of limitations, which can make a meaningful difference in a certain case.
Get help from a qualified legal professional.
Because this is a very complicated area of the law, and the actual date on which you must file a lawsuit depends on several factors, it is important that you get connected with experienced and qualified legal counsel who can walk you through the process. The medical malpractice attorneys at Teal & Montgomery are indispensable when filing medical injury cases.
Anyone who feels there he or she has a case to be litigated for medical malpractice should contact the lawyers at Teal & Montgomery in order to receive an educated opinion and a clear explanation on what is necessary to move the matter forward in a timely manner. We can help you determine the time line with regard to the statute of limitations and exceptions to the rules for filing court documents. We can also help you determine whether or not your case qualifies for an exemption if the statute of limitations has expired.
Contact one of our experienced attorneys in Santa Rosa or Sacramento as soon as you are aware of your injuries for a consultation to gather important information and an explanation of your rights within California law. Procrastination can result in the losing your right to file your medical malpractice claim. Please contact us at 707-703-4038 or online today.