If you are about to embark upon a medical malpractice claim then there are two major time considerations to be aware of - the time limits for filing medical malpractice claims and the typical time-line of a medical malpractice lawsuit. Each will vary from state to state so it is important to find legal counsel quickly to advise you on the laws and statutes surrounding malpractice claims in your state and locality.

Time Limits on Medical Malpractice Claims
Medical malpractice claims are legal actions that are subject to statutes of limitations. A statute of limitation places a time limit on how long after the medical malpractice event that caused an injury or death a legal action may be taken. If the victim of medical malpractice fails to initiate his or her legal action within the statute of limitations then the plaintiff may be prevented permanently from starting any lawsuit regarding that particular instance of medical malpractice. Two years is the typical time limit for filing a medical malpractice suit but it is absolutely imperative to make sure what these limits are in your state.

In some cases there are extensions allowed beyond the statute of limitations. If the medical treatment from which the medical malpractice stemmed is an ongoing treatment then the “stopwatch” of the time limits on the malpractice may not start until the treatment ends even enough to damage occurred in the beginning of a long-term treatment.

Likewise, the courts only start the statute of limitations clock after a medical injury should be obvious because in many cases the effects of medical malpractice take time to manifest. In cases like this and must be proven that there was no indication of harm or any reasonable indication of harm before the date when the plaintiff became aware of their misfortune.

The Time-line of a Typical Medical Malpractice Claim
Not even the most experienced personal injury attorney can guarantee how long the average malpractice case will take. Because multiple factors involving complex scientific information must be considered from both sides the average malpractice suit can take 2 to 3 years to resolve. Certain elements of such cases can swing the balance and create a longer or shorter time-line as a result.

The fastest route to the end of a malpractice claim is to settle outside of court. Insurance companies tend to be interested in this option if they feel they are likely to lose in court. For this reason, even though a settlement will process more quickly it is best to evaluate how important time frame vs. fair compensation is to you.

The middle way for those who are uninterested in a settlement is to seek mediation or arbitration with those responsible instead of taking it to court. This is the best of both worlds because the likelihood for fair settlement is high and the time frame is low when compared to a court trial.

Going to court is the lengthiest route to the end of the medical malpractice claim. If settlement or arbitration to not work for your situation and a court trial is your best option then contact a professional medical malpractice lawyer to help you on this long and challenging journey.