In California, the law states that most medical malpractice lawsuits must be filed within one year of the patient discovering the injury or within three years of the date that injury occurred—whichever comes first. A rough estimate for the average negligence claim in California to be resolved is 2 to 3 years. Cases can take longer or shorter depending on the nature of the claim and damages involved.
One of the most common frustrations seen by claimants is ‘why is my medical negligence claim taking so long to go through?’ You may be suffering with loss of earnings and struggling to pay for medication which makes the time frame seem even longer. Where an early settlement may seem appealing at first when you need the cash, it’s important to work closely with your attorney to ensure that you are not losing out in the long run.
There are several different stages in a medical negligence claim and it’s important you understand from the outset what these are and what will be expected from you. After your initial inquiry, you will need to obtain your medical records. Your attorney can then work with you to explain the next steps in pursuing your claim.
What is the longest amount of time a medical negligence claim can take in California?
Unfortunately, it’s not possible to give a definitive answer to this question. However, large claims for serious injuries can take years to resolve.
In order to get your medical negligence claim resolved in the shortest period of time, it’s important to consult a lawyer who is experienced in these types of cases. The legal team at Stalwart Law includes some of the most experienced medical malpractice lawyers in the USA, including lead counsel who is a qualified medical Doctor, making Stalwart Law the only choice for your medical negligence case. Contact us today for a no obligation consultation.