1. What is the SOL for medical malpractice or wrongful death?

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1. What is the SOL for medical malpractice or wrongful death?

Attorney Answers

2
Judy Greenwood ·
I do not practice in Alabama .The statute of limitations is governed by state law. In many states the statute of limitations is two years from the date of the medical malpractice but that may not be the case in your state. Many states also have laws which extend the statute of limitations under certain circumstances. I suggest you call the local bar association and see if they have a lawyer reference service where you can speak to a local attorney about this. Please note well that this reply is merely informative. It should not be the basis of any decisions you make regarding your legal rights as far too little information has been provided to supply a solid legal opinion. Also, you should be aware that all jurisdictions impose time limits ("statutes of limitations") within which suit must be properly commended, and the failure to do so will supply an absolute defense to the claim. You should consult further with us or another attorney if you wish to investigate or pursue the matter further.
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Alan Brinkmeier ·
I am sorry for your loss. Wrongful death statutes are in place in most states to protect the next of kin. An executor of the estate of your sister would be the one who could bring a lawsuit. I do not practice in AL so those rules are something you will need to get specific advise about from a quality lawyer. Many AL lawyers on this site offer a free consultation to talk things like this through. Medical malpractice as a legal theory is totally different. Click this link for some general information about SOL from state to state. http://www.hugesettlements.com/articles/Statute_of_Limitations.htm Because your post says nothing about any dates, it is not possible to say whether you need to or don't need to act quickly to protect against the SOL time from expiring. Contact a local lawyer that will provide a consultation to you so you might explain your situation in more detail. Good luck to you, especially in these most trying of times for you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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