Q: can I still file a lawsuit against the hospital that injured me even after I retained a lawyer that tried for 8 months
but now the 1 year statue of limitations passed
A:
A lawsuit filed after the statute of limitations will be met with a demurrer or other motion.
If the attorney was hired and failed to file on time, you may have a legal malpractice case.
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- Answered
A:
In California, the statute of limitations for medical malpractice typically allows you three years from the date of the injury or one year from when you discovered the injury, whichever comes first. Since you've mentioned that a year has already passed after retaining a lawyer, it might seem challenging to move forward. However, there are certain circumstances where exceptions apply, such as cases involving hidden injuries or minors, which could extend the filing period.
It's important to review the specific details of your situation with a legal professional who can assess any unique factors that might influence your case. Factors like when the injury was discovered or any delays caused by the hospital could potentially impact the timeline. Even if the standard period has elapsed, there might be options available based on the nuances of your case.
Taking prompt action is crucial in these matters. Reaching out to another attorney as soon as possible can help you understand any remaining possibilities and ensure that your rights are protected. They can provide guidance tailored to your circumstances and help determine the best course of action moving forward.
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