Medical Malpractice Statutes of Limitations
By Younker Hyde Macfarlane on May 07, 2012
All personal injury cases are governed by statutes of limitations, or time limits within which claims must be filed. If a claim is not filed within this time limit, then the injured party permanently forfeits any right to legal action, and the party responsible for the injury can no longer be held liable for compensation under the law.Statutes of limitations vary from state to state, with some states having different time limits for different types of claims and other states having general time limits that apply to most or all personal injury claims. The state of Utah falls into the latter category.
Serving clients in Utah, the Ogden medical malpractice attorneys of Younker Hyde Macfarlane, PLLC can help you file your claim within the statute of limitations, ensuring that you will not be precluded from obtaining the compensation to which you are entitled on a legal technicality. If you or a member of your family has been injured due to the negligence of a physician, surgeon, nurse, anesthesiologist, or other medical professional, don't surrender your rights. Schedule a case evaluation today.
The Time Limit in Utah
In general, the statute of limitations for personal injury claims in Utah is four years. However, in medical malpractice cases, the claim must be filed within two years of the discovery of the injury or the point at which the injury should reasonably have been discovered. The discovery of the injury must occur within two years of the incident of medical malpractice that resulted in the injury. This adds up to a four-year maximum statute of limitations.
For example, if you discovered your injury one year after the incident of medical malpractice, you have two years from that date to file a claim. In that case, the overall statute of limitations is three years from the date of the medical malpractice incident. If you discover your injury three years after the incident of medical malpractice, however, you may not file a claim, even though you discovered the injury within the maximum four-year statute of limitations.
To protect your rights, it is best that you contact our Ogden-area catastrophic injury attorneys as soon as possible after you suspect an injury due to medical malpractice.
Statutes of Limitations in Other States
At Younker Hyde Macfarlane, PLLC near Ogden, our medical malpractice attorneys serve clients from states outside Utah, as well. The following are the statutes of limitations for medical malpractice cases in the other states we serve:
- Arizona: Within two years of the incident of medical malpractice in most cases
- Nevada: Within three years of the incident of medical malpractice or within one year of the discovery of the injury (or the point at which the injury should have been discovered) - whichever is earliest
- Idaho: Within two years of the incident of medical malpractice in most cases
- Wyoming: Within two years of the incident or medical malpractice, or within two years of the discovery of the injury (or the point at which the injury should have been discovered)
Contact Younker Hyde Macfarlane, PLLC
If you would like to schedule an evaluation of your medical malpractice case, we invite you to contact our Ogden-area catastrophic injury attorneys today.
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They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family.- Jill S.