Can a medical birth injury lawsuit be filed after the statute of limitations has expired?
No, a medical birth injury lawsuit generally cannot be filed after the statute of limitations has expired in California. The statute of limitations is a legal time limit that applies to personal injury cases, including medical birth injury cases. In California, the statute of limitations for filing a medical birth injury lawsuit is usually two years from the date of the injury or three years from the date of discovery, whichever is shorter. This means that if you do not file a case within the time limit, you will not be able to file a lawsuit. It is important to note that some exceptions may be made in certain cases in California. In some cases, the statute of limitations may be extended if it can be proven that the injured party did not have knowledge of the injury or the harm caused by it. However, this is a rare occurrence, and it is best to pursue a case as soon as possible in order to avoid the risk of missing the deadline for filing a medical birth injury lawsuit.
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