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Gerald, Esq
Gerald, Esq, Lawyer
Category: Personal Injury Law
Satisfied Customers: 4181
Experience:  30 years of experience
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Can i claim medical negligence after 17 years

Customer Question

Can i claim medical negligence after 17 years
Submitted: 2 months ago.
Category: Personal Injury Law
Expert:  Gerald, Esq replied 2 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 2 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It is not impossible but it is very very difficult for you to make a medical negligence claim after 17 years. In every state there are "Statutes of Limitations." These are laws that place a specific time inwhich you must file a negligence claim. Generally these periods run out somewhere between 2 and 4 years. BUT many count from the date of discovery. So if someone just discovered they were injured and could not reasonably have lnow before they may be able to make a claim.

Also these statutes have exceptions for minors. The exception allows the limitation to be tolled (paused) until the minor reaches 18.

All of these issues also depend on what state the incident occurred in.

So I can't give you a black and white Yes or No. But it would be very hard to prove a case after 17 years even if you can bring it.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald