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RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 13339
Experience:  Experienced in multiple areas of the law.
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I believe by now I am outside of my statute of limitations.

Customer Question

Hello. I believe by now I am outside of my statute of limitations. But what is the likelihood of being able to sue a hospital for a permanent injury that has caused severe damage and disrupted one's ability to work?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer.

In Alabama, the statute of limitations for medical malpractice cases is two years. That means you have two years from the date of the mistake to file a medical malpractice lawsuit in the state of Alabama. If you could not have reasonably known about the doctor's mistake within two years (for example, if you unknowingly had a surgical instrument left inside you), then you have six months following the discovery to file a lawsuit.

If that statute of limitations has passed, unfortunately, you would not be successful bringing a claim - and in fact, it would be a waste of your time and money to try to file, because the defendant would immediately seek dismissal on the basis of the statute of limitations having run out, and the case would be thrown out by the court.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.

Expert:  RobertJDFL replied 1 year ago.

Just following up with you.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.