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When Does the Clock Start Running on Your Malpractice Claim?

All states have Statutes of Limitations for medical malpractice and dental malpractice lawsuits.  This is the time limit for filing a claim after you have been injured.  In most states, it is an absolute bar, and you cannot b

ring suit if you go even one day over.  In other states, if you can go before a judge and show good reason why you delayed over the time limit, he may give you an extension of the time limit.  But, even in those states, the extension of the time limit is usually short and can be used by the opposing lawyers to weaken your case.

The Rule Is:
Missing a time limit, or filing date, could be fatal to your case.  If you have even the slightest doubt about how much time you have left, check with a lawyer.

How Do You Calculate the Time Limit?

The date on which the clock starts running in your case is known to lawyers as the Time of Accrual and is usually the date you were injured or the date you discovered you had been the victim of medical malpractice or dental malpractice.  It can be delayed, and the clock stopped, in the case of: infants, minors, persons with legal disabilities, and by concealment or deceit on the part of the doctor.

The time limits for filing a lawsuit are determined by statute, which means the legislature in each state has set them by law.  These laws are complicated, and different limits

may apply to different types of cases.  In the next few posts, we will be discussing incidents that will either start or stop the clock.  We will also provide you with details, concerning each state’s Statute of Limitations for medical malpractice and dental malpractice.

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