Q: Can you get a contingency on a malpractice lawsuit if it goes beyond a year since incident?

A: Medical Malpractice cases are generally taken on a contingent (percentage of recovery) attorney fee.

California's statute of limitations (deadline to file a lawsuit) is one year. When the one year starts requires a technical analysis, and may be after the time the malpractice occurred and when it was discovered. The time limitation for a particular case should be studied by an experienced medical malpractice attorney in the state where the malpractice occurred.

A: In California, the statute of limitations for a medical malpractice lawsuit is generally one year from the date the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, or three years from the date of the injury, whichever occurs first. If you're beyond the one-year mark since the incident, you may still enter into a contingency fee arrangement with an attorney as long as your case is within this statutory period. However, if the statute of limitations has expired, it's highly unlikely an attorney would take the case on a contingency basis due to the diminished likelihood of a successful outcome. Before proceeding, an attorney would carefully evaluate whether any exceptions apply that might extend the statute of limitations in your particular situation.

A: A law firm would probably review a case that missed the statute of limitations to determine if any exceptions apply. Good luck