Guide to the Birth Injury Statute of Limitations in Every State
Every state sets a time limit on when a birth injury lawsuit must be filed, known as the statute of limitations. This time frame can vary based on such factors as who files the claim or when the injury is discovered. It is important to contact an experienced birth injury lawyer as soon as possible. If your claim is not filed before the birth injury statute of limitations expires, you lose your right to hold the negligent health care providers accountable.
Is There a Time Limit To Sue for My Child’s Birth Injury?
Yes. Every state imposes a deadline for filing birth injury lawsuits. However, some exceptions could shorten or extend this time frame. You should never assume you qualify for any extension without talking to a reputable birth injury attorney.
Statutes of limitations are complex. If you guess wrong, you could forever forfeit your right to claim your well-deserved compensation.
What Are the Possible Exceptions to the Statutes of Limitations on Birth Injury?
The statute of limitations generally begins to accrue on the date the doctor made the mistake unless special circumstances prevent you from discovering the injury or filing a claim.
Claims by the Parents Differ from Claims by the Injured Child
Birth injury statutes of limitations are more complex than in others because parents and children may have grounds to file separate claims for the same incident.
As parents, you can generally pursue damages for your financial and emotional losses related to the birth injury, including the following:
Children whose birth injuries result in lifelong disabilities can also pursue compensation for their losses, which may include lost earning capacity, pain and suffering, and medical expenses.
In most states, the statute of limitations for a parent’s claim is shorter than the one for the child’s claim. However, many states still require that a lawsuit be filed before the child turns 18, and some states do not allow additional time for a child to file a claim.
Children cannot file their own claims. A parent or personal representative must generally file suit on a minor’s behalf.
Interactive Table: Birth Injury Statute of Limitations by State
The statutes of limitations set by each state are the deadlines that apply to most cases. The only way to determine with certainty how the statute of limitations applies to your particular case is to consult a qualified birth injury lawyer in your jurisdiction.
Contact the Birth Injury Lawyers at Levin & Perconti Today
It is imperative that you not wait to contact an experienced birth injury lawyer, regardless of how long the statute of limitations is in your state. Birth injury lawsuits are complex cases that require thorough investigation and preparation before filing. Health care organizations are large corporations that generally will not pay fair compensation voluntarily.
Going against large organizations requires extensive medical knowledge, financial resources, and a strong network of experts and consultants. We are nationally recognized birth injury lawyers and pioneers in birth injury litigation. We have a proven track record and the resources to prevail against large corporations.
Our reputation has led attorneys nationwide to refer their most challenging cases to us because of our well-known success in handling birth injury cases. Below are a few examples of our successful birth injury case results:
verdict for a 19-year-old who suffered a disabling brain injury during birth due to a delayed C-section
verdict for a child who suffered permanent cognitive and development impairments from birth asphyxia and HIE
for the family of a child who sustained a brain injury from oxygen deprivation at birth
settlement against the United States Naval Hospital in Guam on behalf of a child who sustained a brain injury at birth due to negligent neonatal resuscitation and intubation.
If you or your child suffered an injury during birth because of medical negligence, don’t let the statute of limitations run out before you recover the compensation you deserve.
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