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,Coach Handbags Outlet, 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,Coach Outlet, and Veterans’ Families recover for their damages due to medical malpractice.