The statute of limitations puts a time constraint on your right to seek compensation for an injury.
If
you or a family member have been injured as a result of medical
malpractice at a Veterans Administration (VA) or military medical
facility, you may believe that are your circumstances prevent you
from filing a claim. Additionally, you may not be aware that there is
a time limit for you to file a claim after you have been injured.
This
time limit is generally known as the "statute of limitations."
If you fail to file your claim within the statute of limitations, you
may be forever barred from bringing your claim, regardless of its
merit. Here are 3 key things you should know about the statute of
limitations in military medical malpractice claims:
Why
You May Fail to File a Claim
One
of the most common reasons military families fail to contact an
attorney or file a claim is because they are unaware of the deadline
to file a claim. Many believe that an active duty member cannot sue
the military. This is true if the injured individual is also the
active duty person, but the active duty person can file a claim if
his/her spouse or child is injured.
Waiting
Until A Child is an Adult
The
second common mistake made by military families is the assumption
that if the injured person is an infant or a minor, then they can
wait until the child is 18 before filing a claim. Even if the patient
is an infant, it is a misconception to wait for the child to become
an adult. The 2 year statute of limitations applies to everyone, even
minors and incompetent persons.
How
the Statute of Limitations Applies
According
to Federal Tort Claims Act, a military medical malpractice claim
should be filed within two years of the date the claim accrues. The
government agency has six months to investigate the claim. After six
months, suit may be filed in the US District Court
The
statute of limitations puts a time constraint on your right to seek
compensation for an injury. Additionally, there are serious errors
one can make when filling out the claim forms. Therefore, it is
important to consult an attorney experienced in military medical
malpractice claims involving the United States military health care
system.
An
experienced attorney can analyze the facts surrounding your case to
determine the following: when the malpractice occurred, when you
would have been reasonably expected to know you were injured, whether
the time for filing a claim can be lengthened due to the
circumstances of your case, and what recourse you may have for your
injury.
Archuleta,
Alsaffar & Higginbotham handles all types of military medical
malpractice cases arising from Military and VA Veterans
Administration medical care, including birth injuries, surgical
mistakes, and misdiagnosis or failure to diagnose diseases such as
cancer. If you believe you or someone close to you has been injured
by the Veterans Administration or by military medical malpractice,
contact Archuleta, Alsaffar & Higginbotham today at
1-800-798-9529 or visit www.govtclaim.com
for a free consultation.
Article Source: http://www.compensationsecrets.co.uk/.
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