6
Work Injuries Where Workers’ Compensation Is Involved
If the plaintiff receives workers compensation benefits for injuries in this accident, any suit against a third party should be filed within one year to avoid losing control of the claim to the workers compensation insurance carrier.
7
Medical Malpractice Cases
* Medical malpractice generally for all persons 5 years of age and older: 2 years.
* Medical malpractice, personal claim of child under age 5: 7th birthday.
* Beware: The two-year limitation for medical malpractice actions applies to the parents' claim for the child's medical expenses, etc., regardless of the age of the child.
* The time limit may run from the date of discovery of a foreign object improperly left in the body during surgery.
8
Trucking Cases
* You cannot act too soon after a catastrophic truck wreck. See "Why it is crucially important to hire a knowledgeable trucking lawyer within hours after a catastrophic truck wreck."
* Interstate motor carriers are required by Federal law to maintain certain records of their operations for six months. While they are not required to destroy records after six months, many do.
* Companies that handle wireless data transmissions for truck fleets may routinely purge their electronic records within 14 to 30 days. After that, the electronic records, if maintained at all, will be in a form subject to manipulation.
* If you or a loved one are seriously injure
9
Contracts: 1, 4, 6, or 20 Years
* Insurance contracts often include a contractual time limit of one year to present a claim or file suit. While based on contract rather than law, such time limits are usually enforceable. Read your insurance policy!
* Ordinary contracts: 4 years.
* Contracts entirely in writing: 6 years.
* Beware: The distinction between an ordinary contract and one entirely in writing can be tricky!
* Contracts "under seal": 20 years.
10
Claims against State and Local Government
* State Government: Under the State Tort Claims Act, present presuit notice of claim in writing with specificity, to head of each state agency involved, and to Risk Management Division of Department of Administrative Services, within 12 months. Suit must be filed within the applicable of limitations, but not less than 90 days after presentation of presuit notice of claim. The Attorney General takes the position that the notice of claim must specify a dollar amount.
* County Government: Present claim in writing to county commission within 12 months, and prior to filing suit.
* Municipal Government: Present claim in writing within 6 months, then wait at least 30 days before filing suit.
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