Los Angeles, CA asked in Medical Malpractice and Personal Injury for California

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

3 Lawyer Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.