Insurance Claim Lawyers Gloucester - EBPC Personal Injury Lawyer (888) 844-4763: December 2022

Wednesday, December 7, 2022

Personal Injury Lawyer In Gloucester On Medical Malpractice Statute of Limitations

Much like any other legal claim, the medical malpractice claims are always subjected to lawsuit filing deadlines, which are primarily set by the state law. It is called statute of limitations. The main aim of this post is to help you understand how the medical malpractice claim can actually affect the statute of limitations. It is always vital to pay detailed attention towards the deadlines as applied towards your case particularly. Just to ensure that you don’t miss out on the deadline to file a case, getting hold of a well-trained Personal Injury Lawyer in Gloucester is important. It is always mandatory to know the points well before proceeding further with secondary notes.

Statute of limitations:

This term mainly refers to laws, which will limit the amount of time that a person has to bring in a lawsuit. Different deadlines will be in place, based on the kind of claim you have been planning to file. So, the statute of limitations for breaching the contract claim might get a bit different from the ones applied to personal injury lawsuit. However, the end result will be same if you fail to file for the medical malpractice claims on time. According to the Injury Lawyer in Gloucester, the court will throw away your lawsuit and your right to the civil remedy with just few exceptions.

The medical malpractice time span to follow:

In most of the cases, there will be a specified time frame in place to file for the medical malpractice claims. Part of that reason is that it might not be obvious when any potential claim arises. It might take months or years before any person who received sub-standard medical care will know that they were actually harmed by it. That might give rise to a valid medical malpractice claim once you have chosen to work with the Personal Injury Lawyer in Gloucester for that. There might be no pain in that area right away and the patient might not exhibit symptoms for some time after the surgical error actually took place!

Discovery of the claim:

If you take the example mentioned above, it won’t be promising and fair for the patient to lose rights to file a lawsuit before they know that they have been harmed as a result of medical malpractice. The law, as per Injury Lawyer in Gloucester, in most of the states recognizes that. for addressing such issues, most states have adopted the “discovery rule.”

More on discovery rule:

This discovery rule allows the people to add some slack in those instances where they won’t discover that they were harmed within statutory time frame. Under this rule, the statute of limitations will not start to run until a person discovers he has been injured. Always remember that this rule won’t apply if the reasonable person should have discovered the injury within the time frame. If you ignore the obvious symptoms, you can’t turn around and try to take advantage of this discovery rule to follow. Understand the norms before it is too late. For more information visit here: EBPC Personal Injury Lawyer