Medical Malpractice Lawyer
If you or someone you love was recently injured as a result of medical treatment, you probably have a lot on your mind. You might be thinking about filing a medical malpractice lawsuit, but where do you even begin with that process? You have probably heard that contacting an attorney is a vital step to take, but when should you do it? This guide will tell you exactly how quickly you should contact an attorney who specializes in medical malpractice cases.
When You Should Contact an Attorney
Generally, you should contact an attorney as soon as you are able to. You do have a little bit of time after the injury takes place to recover, but the sooner you have an attorney the better. It is important to get the lawsuit underway sooner rather than later, as your chances are best when everything is fresh. If you take a few weeks or a month to recover and allow things to settle down, it will not make a huge difference, but it is unwise to wait any longer than that.
Importantly, the hospital may try to get you to sign a waiver stating that you will not file a lawsuit. If the injury you suffered was serious enough, the hospital will almost certainly take some action to protect itself against legal action. Having an attorney on your side can help protect you against these efforts. This is another huge reason why you should have legal representation as quickly as you can reasonably manage.
The Statute of Limitations
The legal term which refers to your time limit to file a lawsuit is the statute of limitations. If you try to file a medical malpractice lawsuit, or any other kind of lawsuit for that matter, after the statute of limitations has expired, the case will simply be thrown out. The exact length of the statute of limitations depends on two factors:
- The type of lawsuit
- What state you are in
The type of lawsuit in your situation is medical malpractice, which means the length depends only on your state. The statute of limitations for this kind of lawsuit is always at least one year, although it is most commonly two or three years. This is the longest you possibly have to hire an attorney, but you should not wait until the last minute. As one final note, understand that the statute of limitations begins counting down when you discover the injury, even if it is years after the injury occurs. Contact an attorney, like a medical malpractice attorney in Memphis, TN, to make an appointment today.
Thank you to the Law Firm of Darrell Castle & Associates PLLC, for their insight into medical malpractice law.