QUESTION
Which state's discovery rule and statute of limitation do I use for a personal injury case? How?
Asked on Aug 06th, 2015 on Personal Injury - Montana
More details to this question:
My misdiagnoses was discovered under the discovery rule, the medical malpractice occurred in different states. Which state's discovery rule and statute of limitation do I use?
6 ANSWERS
Ronald A. Steinberg
Lex loci. The law of the location.
Answered on Aug 07th, 2015 at 4:36 AM
James Eugene Hasser
I would think in the state where the malpractice occurred, which would be a matter of medical expert opinion. Lawyers that do medical malpractice cases have such experts available. Consider consulting one.
Answered on Aug 06th, 2015 at 5:01 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: find an experienced med-mal lawyer in the state where you do file. There are lots of rules and regulations relating to malpractice cases which do not apply in general negligence and personal injury cases.
Answered on Aug 06th, 2015 at 4:25 PM
Lisa Hurtado McDonnell
The state you live in.
Answered on Aug 06th, 2015 at 4:06 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You use the law of the state in which the malractice occurred, but you're not thinking of doing this without a lawyer, are you? I have been practicing law for 30 years and I don't take med-mal cases because they are so damn difficult.
Answered on Aug 06th, 2015 at 3:39 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you have a serious case, you can't handle it yourself. If you are winging it after being unable to find an attorney, the discovery rules don't apply until a lawsuit is filed. Use that state's civil rules of procedure.
Answered on Aug 06th, 2015 at 3:38 PM