QUESTION

Which state's discovery rule and statute of limitation do I use for a personal injury case?

Asked on Feb 11th, 2011 on Personal Injury - Michigan
More details to this question:
My misdiagnoses was discovered in Alabama under the discovery rule, the medical malpractice occurred in Alabama and Michigan. Which state's discovery rule and statute of limitation do I use?
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1 ANSWER

Labor & Employment Law Attorney serving Birmingham, MI
4 Awards
Without having more facts, it is difficult to give a specific answer. That said, assuming that the original injury (misdiagnosis) occurred in Michigan, while you were a Michigan resident, then Michigan's rules are likely to apply. Nevertheless, I would recommend checking with an attorney licensed in Alabama, especially if you are a resident of Alabama. Choice of law and statute of limitations questions are often complicated in these circumstances.
Answered on Feb 12th, 2011 at 1:43 PM

These answers are provided for educational purposes only and should not be construed as establishing an attorney-client relationship.

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