How do I know if the medical malpractice claim was filed within the statute of limitations?
In California, the statute of limitations for filing a medical malpractice claim is generally one year from the date of the incident or from when the injury was discovered. In some cases, an exception may be made for cases involving minors. The law states that for those under 18, the time period for filing a claim will not begin until their 18th birthday. In order to determine when a claim was filed, the court will consider the date the legal action was initiated. This may include when the lawsuit was filed in a court of law or when a demand letter was sent to the defendant. You should be able to find this out by looking at the court records, if the case was taken to court, or by asking the attorneys who are representing you. The best way to make sure that your medical malpractice claim was filed within the statute of limitations is to seek legal advice as soon as possible. A medical malpractice attorney will be able to provide advice on the best possible way to proceed with your claim and inform you of the applicable laws in your state. The attorney will also help you determine the filing date and make sure that the claim is filed on time.
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