Guide to the Cerebral Palsy Statute of Limitations in Every State
Cerebral palsy is typically diagnosed months or years after birth. Most states make exceptions for conditions that are diagnosed after the general statute of limitations has expired, but your time to file a claim is still limited. If your child has been diagnosed with cerebral palsy, reach out to our cerebral palsy attorneys by calling (312) 332-2872 before time runs out.
Quick Links
- What Is a Statute of Limitations?
- Is It Too Late To Sue for My Child’s Cerebral Palsy?
- Who Can File a Cerebral Palsy Birth Injury Claim?
- Cerebral Palsy Statute Of Limitations By State
- Are There Other Exceptions to the Statute of Limitations?
- Why Choose Us to Handle Your Cerebral Palsy Birth Injury Claim?
- Contact the Cerebral Palsy Lawyers at Levin & Perconti Today
What Is a Statute of Limitations?
Statutes of limitations set strict legal deadlines for filing lawsuits. Every state sets multiple statutes of limitations for different legal actions in their jurisdictions. The statute of limitations for cerebral palsy birth injury is generally governed by the medical malpractice statute of limitations. The table below breaks down cerebral palsy statutes of limitations by state.
Remember, if you file your claim after the applicable statute of limitations expires, the presiding court will likely dismiss it. As a result, you will lose your right to pursue legal compensation for your child’s cerebral palsy. Consult our experienced cerebral palsy lawyers to determine what deadline governs your case and whether exceptions apply.
Our firm provides legal representation to parents of children with cerebral palsy nationwide. We charge no upfront fees for our services, and you only pay if we recover compensation for you and your child.
Is It Too Late To Sue for My Child’s Cerebral Palsy?
Cerebral palsy is a neurological disorder caused by a brain injury or malformation that occurs while a child’s brain is still developing. It sometimes results from medical negligence during pregnancy, childbirth, or immediately after birth.
There are four types of cerebral palsy. Due to the difficulty of recognizing cerebral palsy symptoms, most children are diagnosed between 12 and 18 months of age. Some are diagnosed even later.
The statutes of limitations for cerebral palsy cases, particularly those related to medical malpractice, vary depending on the jurisdiction. In some states, it is as short as one year. Fortunately, most states apply some version of the discovery rule, a legal doctrine that pauses (“tolls”) the filing countdown set by the statute of limitations.
How Does the Discovery Rule Work?
To prevail in any personal injury claim, including those involving medical malpractice, you must prove an injury occurred. For instance, cerebral palsy often develops when a baby’s brain is deprived of oxygen during birth. Even if medical records confirm your baby suffered oxygen deprivation at birth, you can only file a claim if your baby is diagnosed with a medical condition caused by the incident. This may not occur until a year or more after birth.
Without the discovery rule, many parents and children diagnosed with cerebral palsy would have no legal recourse to pursue justice. The rule gives you more time to file a cerebral palsy lawsuit by pausing the countdown until the date you discovered or reasonably should have discovered your child’s injury. The discovery date will typically be the date of your child’s cerebral palsy diagnosis.
The Discovery Rule and Due Diligence
Importantly, the rule often requires that plaintiffs have acted with reasonable diligence to discover the injury. If an injury could have been discovered earlier with reasonable efforts, the court may find that the statute of limitations began at that earlier date. Therefore, defendants may try to avoid liability by claiming that you should have discovered your child’s condition sooner.
This tactic is often a meritless attempt to persuade the court to dismiss your claim. The standard for determining the discovery date is based on what a reasonable parent would discover in the exercise of due diligence based on the information available to them. Due diligence may simply mean you took your child to a doctor or other medical professional when symptoms became apparent to your untrained eye.
While some symptoms may emerge within a few months, most parents lack medical training and cannot be expected to recognize subtle signs of cerebral palsy. In some cases, parents seek a diagnosis for months before learning their child has cerebral palsy and that medical malpractice is responsible.
Who Can File a Cerebral Palsy Birth Injury Claim?
Since minors with cerebral palsy typically cannot file legal claims themselves, a parent, guardian, or guardian ad litem can file a claim on their behalf. However, some states allow them to file their own claim after they turn 18.
Your state may also allow you and your child to file separate lawsuits if you face unique losses. For example, you may be able to file your own claim seeking compensation for:
- Lost wages
- Excess childcare costs
- Added educational costs
- Medical expenses
- Therapy
- Assistive devices
- Medication
By contrast, your child’s claim may seek compensation for things like reduced quality of life, lost future earning capacity, and medical expenses they incur after turning 18.
Cerebral Palsy Statute Of Limitations By State
| STATE | PARENT CLAIMS | CHILD CLAIMS | DISCOVERY RULE |
|---|---|---|---|
| Alabama | 2 years | By the child’s 8th birthday | 6 months after the discovery date, but no longer than 4 years after negligence |
| Alaska | 2 years | By the child’s 10th birthday | No discovery rule unless fraud prevented discovery, then 2 years after the discovery date |
| Arizona | 2 years | By the child’s 20th birthday | 2 years after the discovery date |
| Arkansas | 2 years | By the child’s 11th birthday | 2 years after the discovery date, but no later than the child’s 19th birth in child claims |
| California | 3 years after the malpractice or 1 year after the discovery date, whichever is shorter | By the child’s 8th birthday | 1 year after the discovery date but no longer than 3 years after the malpractice. If fraud prevented discovery, 3 years after the discovery date |
| Colorado | 2 years | By the child’s 8th birthday | 2 years after the discovery date, but no longer than 3 years after the malpractice |
| Connecticut | 2 years | 2 years | 2 years after the discovery date, but no longer than 5 years after the malpractice |
| Delaware | 2 years | By the child’s 6th birthday | 3 years after the discovery date, but the discovery rule only applies if the injury is discovered after the statute of limitations expires |
| District of Columbia | 3 years | By the child’s 21st birthday | 3 years after the discovery date |
| Florida | 2 years | By the child’s 8th birthday | 2 years after the discovery date, but no longer than 4 years after the malpractice |
| Georgia | 2 years | By the child’s 7th birthday | 2 years after the discovery date but no longer than 5 years after the malpractice |
| Hawaii | 2 years | By the child’s 10th birthday | 2 years after the discovery date, but no longer than 6 years after the malpractice unless fraud prevented discovery |
| Idaho | 2 years | By the child’s 6th birthday | 1 year after the discovery date |
| Illinois | 2 years | By the child’s 8th birthday | 2 years after the discovery date, but no longer than 4 years after the malpractice |
| Indiana | 2 years | By the child’s 8th birthday | 2 years after the discovery date if discovered after the statute of limitations expired. If discovered before the statute of limitations expires, within a reasonable time |
| Iowa | 2 years | By the child’s 10th birthday | 2 years after the discovery date, but no longer than 6 years after the malpractice |
| Kansas | 2 years | By the child’s 8th birthday | 2 years after the discovery date, but no more than 4 years after the malpractice |
| Kentucky | 1 year | By the child’s 19th birthday | 1 year after the discovery date but no longer than 5 years after the malpractice |
| Louisiana | 1 year | 1 year | 1 year after the discovery date but no longer than 3 years after the malpractice |
| Maine | 3 years | By the child’s 6th birthday | No discovery rule for cerebral palsy |
| Maryland | 5 years after the date of the malpractice or 3 years after the discovery date, whichever is earlier | Usually by the child’s 14th birthday | 3 years after the discovery date but no longer than 5 years after the malpractice |
| Massachussets | 3 years | By the child’s 7th birthday | 3 years after the discovery date but no longer than 7 years after the malpractice |
| Michigan | 2 years | By the child’s 10th birthday | 6 months after the discovery date but no longer than 6 years after the malpractice |
| Minnesota | 4 years | By the child’s 7th birthday | No discovery rules for cerebral palsy |
| Mississippi | 2 years | By the child’s 8th birthday | 2 years after the discovery date but no more than 7 years aster the malpractice |
| Missouri | 2 years | By the child’s 20th birthday | No discovery rule for cerebral palsy unless discovery was prevented by a doctor’s failure to inform you about a medical test result |
| Montana | 2 years | 2 years after the child’s 8th birthday unless the child resides outside the parent or guardian’s home for any period. During these periods, the clock on the statute of limitations is paused. | 2 years after the discovery date but no longer than 5 years after the malpractice |
| Nebraska | 2 years | By the child’s 23rd birthday | 1 year after the discovery date but no longer than 10 years after the malpractice |
| Nevada | 3 years after the malpractice or 2 years after the discovery date, whichever is earlier | By the child’s 10th birthday | 1 year after the discovery date |
| New Hampshire | 3 years | By the child’s 20th birthday | 3 years after the discovery date |
| New Jersey | 2 years | By the child’s 13th birthday | 2 years after the discovery date |
| New Mexico | 3 years | By the child’s 9th birthday | No discovery rule for cerebral palsy unless the health care provider was not “qualified.” |
| New York | 2.5 years | By the child’s 10th birthday | No discovery rule for cerebral palsy |
| North Carolina | 3 years | By the child’s 10th birthday | 1 year after the discovery date but no longer than 4 years after the malpractice |
| North Dakota | 2 years | By the child’s 12th birthday | 2 years after the discovery date but no longer than 6 years after the malpractice. The 6-year time limit does not apply if the injury was fraudulently concealed. |
| Ohio | 1 year | By the child’s 19th birthday | 1 year after the discovery date, but no longer than 4 years after the malpractice. However, the law allows a full year from the discovery date if discovery is made after 3 years but before the 4-year deadline. |
| Oklahoma | 2 years | By the child’s 7th birthday | 2 years after the discovery date |
| Oregon | 2 years | By the child’s 5th birthday | 2 years after the discovery date but no longer than 5 years after the malpractice. The 5-year limit does not apply if fraudulent concealment prevents discovery |
| Pennsylvania | 2 years | By the child’s 20th birthday | 2 years after the discovery date |
| Rhode Island | 3 years | By the child’s 21st birthday, but a child claim is only permitted if the parents did not file a claim within their 3-year statutory period | 3 years after the discovery date |
| South Carolina | 3 years | By the child’s 10th birthday | 3 years after the discovery date but no longer than 6 years after the malpractice |
| South Dakota | 2 years | By the child’s 19th birthday | No discovery rule for cerebral palsy |
| Tennessee | 1 year | 1 year | 1 year after the discovery date but no longer than 3 years after the malpractice |
| Texas | 2 years | By the child’s 14th birthday | Within a “reasonable time” if the discovery date is after the statute of limitations expires, but no longer than 10 years after the malpractice |
| Utah | 2 years | By the child’s 20th birthday | 2 years after the discovery date but no longer than 4 years after the malpractice. The 4-year period may be extended by 1 year if fraud prevented discovery. |
| Vermont | 3 years | By the child’s 21st birthday | 2 years after the discovery date but no more than 7 years after the malpractice. No restrictions on the discovery rule if the injury was fraudulently concealed. |
| Virginia | 2 years | By the child’s 10th birthday | No discovery rule for cerebral palsy unless the injury was fraudulently concealed, then 1 year after the discovery date |
| Washington | 3 years | By the child’s 21st birthday | 1 year after the discovery date but no longer than 8 years after the malpractice |
| West Virginia | 2 years | By the child’s 12th birthday | 2 years after the discovery date but no longer than 10 years after the malpractice. The clock is paused on the 10-year time limit during any period in which fraud prevented discovery |
| Wisconsin | 3 years | By the child’s 10th birthday | 1 year after the discovery date, but no longer than 5 years after the malpractice |
| Wyoming | 2 years | By the child’s 20th birthday | 2 years after the discovery date if it occurs after the statute of limitations expires. If the discovery date is less than one year before the statute of limitations expires, it is extended by 6 months |
Are There Other Exceptions to the Statute of Limitations?
A court can only make an exception if doing so is not prohibited by law. Other than the discovery rule, the primary exceptions that may allow a court to extend the statute of limitations involve:
- Fraudulent concealment of a cause of action by the defendant
- Inability to file due to being disabled or under 18 years old
- A defendant’s absence from the state
Even if an exception exists in your jurisdiction, never assume that it applies to your case before consulting with an attorney. If you guess wrong, you could forfeit your claim. To make sure you file your claim on time, consult our acclaimed birth injury lawyers as soon as possible after your child is diagnosed with cerebral palsy.
Why Choose Us to Handle Your Cerebral Palsy Birth Injury Claim?
We are a nationally recognized birth injury law firm and have recovered more than $1 billion in verdicts and settlements on behalf of our clients. We were one of the first law firms to take on cerebral palsy claims, and our knowledge of federal and state birth injury laws is unmatched.
Dov Apfel and Seth Cardeli, both esteemed members of our legal team, are national leaders in cerebral palsy advocacy. Dov has more than 30 years of experience handling cerebral palsy and birth trauma cases. His law review article set the standard for how birth injury litigation is handled today. He and Seth Cardeli are regular speakers in birth injury litigation conferences nationwide.
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Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
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Contact the Cerebral Palsy Lawyers at Levin & Perconti Today
The clock for cerebral palsy birth injury claims starts ticking the moment you receive your child’s diagnosis. Even if the discovery rule or another exception applies, you still have limited time to file your claim. It is crucial that you not wait to reach out to an experienced cerebral palsy lawyer.
Our legal team has developed an effective and aggressive approach to birth injury litigation, and we never settle for less than full and fair compensation. Contact us today online or call us at (312) 332-2872 to schedule your free, no-obligation consultation.
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