Mesriani Law
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  • Rodney Mesriani is a former Law Clerk to U.S. District Court Honorable Judge William J. Rea and to the California Department of Corporations.
  • He also appears in various TV and radio shows and hosts his own radio shows on 870AM and 670AM.

Time to file your medical malpractice claim
February 22, 2007

In general, statutes of limitations pertain to the period of time when an injured person is allowed to make a claim for damages and indemnification against another person who has caused an accident. Such period of time is usually counted from the actual happening of the accident when the plaintiff has been injured or when his rights were violated.

As applied to medical malpractice cases, a medical malpractice claim statutes of limitations would refer to that period of time wherein a victim of medical malpractice can make a claim for damages and indemnifications after a medical malpractice has taken place.

In reality, the actual length of time that a claim for damages and indemnification in medical malpractice cases can be filed greatly differs from one state to another. Some states have a statute of limitations for medical malpractice in one (1) or two (2) years time, while some states allow a victim of medical malpractice to file his or her claim within four (4) years time. This period of time is reckoned from the time of the accrual of the plaintiff’s cause of action.

To further explain, if for example the victim of medical malpractice is allowed in his or her state’s statute of limitations to make a claim within a period of two years, if the victim did not make any claim or did not file any action within that period of time, any claim that might be available regarding the accident will forever be barred. The victim cannot anymore make any claim, no matter how strong his or her case might possibly be.

So what are you waiting for? Now is definitely the time to file your medical malpractice claim. Otherwise, you might not know it but your right to file a claim may be forever barred. You should act now. Don’t delay your claim. Consult an expert medical malpractice lawyer right now and find out the statutes of limitations for your medical malpractice claim.