Atlanta Injury Attorneys And Statute Of Limitations For Medical Malpractice Lawsuits

Medical malpractice refers to cases where someone gets injured or dies during a medical treatment because of the mistakes or negligence on part of the doctor. As per the laws in Georgia, the victim or his/her family (in case the victim dies) can be entitled to compensation in such cases. Atlanta injury attorneys are considered to be the best in the state of Georgia. But, it is important to note that the lawsuit must be filed within twelve months from the date of the incident. The statute of limitation varies from one state to another. It can be two years or even more in several other states, but in Georgia, it is only one year. If you fail to file a lawsuit within this time frame, you will lose your right for compensation.

Provisions Regarding Time Limitations

The statute of limitation starts from the time when the injury occurred or discovered. It means if an internal injury occurs now, but it is discovered only after a few months or years when the patient starts experiencing some side effects, your one-year period during which you can file your lawsuit will start from the day when you discovered the doctor’s fault. If the injured patient is a child, the statute of limitations often starts from the time when the child reaches a specific age so that the injuries could be fully determined and evaluated. Atlanta injury attorneys who specialize in medical malpractice cases can help you take legal actions against the negligent doctor within the time frame allowed by the statute of limitation.

Specialization Of The Lawyer

Personal injury is a wide field of law that includes different types of cases; medical malpractice is one of them. Other cases that are covered under these laws are slip and fall, auto accidents, dog bites, nursing home abuse, worker’s compensation, product liability, and others. Atlanta injury attorneys who claim to be an expert in all these fields often are not the best ones. A reputable lawyer prefers to focus on one or two fields only. It is always better to hire an attorney who specializes in handling medical malpractice settlement claims and has good success record.

Statute Of Limitations In Other States

When it comes to filing a medical malpractice suit, the statute of limitations varies in different states. For example, besides Georgia, other states that limit the statute of limitations to one year include Tennessee, Louisiana, and Kentucky. It is two years in West Virginia, Virginia, Texas, Pennsylvania, Oklahoma, Ohio, New Jersey, Nevada, Kansas, Iowa, Indiana, Illinois, Idaho, Hawaii, Colorado, California, Arizona, Alaska, and Alabama. The states where the statute of limitations is three years include Wisconsin, Washington, Vermont, South Dakota, South Carolina, Rhode Island, North Carolina, New York, New Mexico, New Hampshire, Montana, Mississippi, Michigan, Massachusetts, Maryland, District of Columbia, Delaware, Connecticut, and Arkansas. It is four years in Wyoming, Utah, Nebraska, and Florida. There are three states that have six years of statute of limitation; they are North Dakota, Minnesota, and Maine.

The provisions regarding the statute of limitations also depend on the residential status of the patient and of the doctor or of the hospital. Considering all these complexities, it is often wise to have one of the best Atlanta injury attorneys on your side to represent you in the legal matters.