Filing a Medical Malpractice Claim in Fairfax

If you have suffered a medical malpractice injury and are interested in filing a claim, the following is what you need to know according to a Fairfax medical malpractice lawyer. To learn more or discuss the specifics of your case, call and schedule a consultation today.

Where To File a Claim

When you are considering filing a lawsuit, where you file depends on a lot of factors which can include:

  • where the defendant operates,
  • where the harm occurred,
  • the principal place of business,
  • the location of witnesses and evidence, .

In some cases you might have the option to go with one jurisdiction over another, but you can always file a lawsuit where the harm occurred. So, if the harm occurred in Fairfax at a doctor’s office in Fairfax or a hospital in Fairfax, you certainly can file the claim there and you can file a lawsuit there, but there may be facts that allow you to file in another jurisdiction, another county as well.

If I Live in Fairfax But Was Injured Somewhere Else Can I File in Fairfax?

That depends. Some practices cross state lines, but typically where the plaintiff lives doesn’t have any bearing on whether there will be jurisdiction over the matter in that jurisdiction. Business ties can give rise to jurisdiction, but usually if you live in Fairfax that doesn’t have any bearing on where you will be able to file a lawsuit. You can absolutely file an insurance claim from anywhere, but a lawsuit is different, you may have to file in certain jurisdictions depending on the facts of the case.

Is There a Statue of Limitations For Fairfax Medical Malpractice Cases?

All Virginia medical malpractice cases are going to have a two-year statute of limitations with the one provision being that if it’s a minor that suffered medical malpractice, then the limitations period will depend on the age of the minor. If a minor is below the age of eight years old, then they’ll have up until their tenth birthday to sue. If they’re over eight, then it’s just going to be a two-year statute of limitations. That’s unique for medical malpractice cases, all other personal injury actions in Virginia provide for a tolling of the statute of limitations when a minor is injured.  Under Virginia law the statute of limitations will be tolled until that incapacity is removed, meaning, until the minor reaches the age of majority.

So, medical malpractice cases are different in that regard that a minor doesn’t get quite as much protection as they do in other forms cases with regards to the statute of limitations, but all Virginia medical malpractice cases have the same statute of limitations, there’s nothing unique about Fairfax.

Why is Hiring An Attorney For Medical Malpractice Cases Important?

Medical malpractice cases are extremely complex and it’s very, very difficult to pursue a lawsuit on your own without an attorney’s help in any circumstance. Particularly in medical malpractice cases, when there are additional requirements as far as expert testimony to establish the standard of care, the records that need to be identified, and gathering evidentiary support for your legal theories.

All these things are very difficult, and medical malpractice cases are usually defended by experienced attorneys. So it’s important to get an attorney that can do a thorough investigation, identify all the potential defendants and who has access to expert medical opinion to establish whether a breach of the standard of care occurred or not. And then, when it actually comes time to filing a claim or filing a lawsuit, an attorney’s experience is invaluable at that point.