Questions?What Is a Birth Injury Statute of Limitations?
A birth injury statute of limitations is a law that limits the amount of time you have to take legal action for harm caused to your child before, during, or shortly after childbirth.
The statute of limitations on these cases can be especially challenging to navigate. Some birth injuries are apparent immediately after a child is born. However, others can take months or even years to show.
Exceptions are typically made to allow parents to file a lawsuit later if the symptoms of a birth injury are not immediately apparent.
In these cases, the statute of limitations usually starts when the birth injury or its symptoms are discovered rather than the child’s date of birth.
Each state has different deadlines for filing a claim, so it’s important to understand the specific timeframe that applies in your case.
Once the birth injury statute of limitations has passed, you can no longer pursue compensation through a settlement or hold negligent health care providers accountable. Therefore, it’s crucial to file your birth injury lawsuit as soon as possible.
Working with a skilled birth injury attorney is the best way to make sure your claim is filed before your deadline.
The Birth Injury Justice Center partners with a national network of experienced birth injury lawyers who can help families in all 50 states.
Our legal partners have recovered over $962 million for families affected by birth trauma.
Get a free case review right now to find out if we can connect you to a top birth injury attorney near you.
How Long Do You Have to Sue for a Birth Injury?
It’s essential to file your claim before your birth injury statute of limitations expires. As soon as you discover your child may have been harmed by birth injury medical malpractice, take action without delay.
For example, if your child’s birth injury is discovered on the day they were born, the time to file a lawsuit starts then. However, each state has different laws, so the amount of time will vary depending on where your child was born.
In some cases, your child may not be diagnosed with a birth injury until later on in their life. If an injury caused by medical negligence is discovered months or years later, the birth injury statute of limitations will begin at the time of discovery — not at the time of birth.
This allows parents more time to establish their case and work with a skilled birth injury lawyer.
Not all states follow the discovery rule, however, so it is critical to speak with an attorney for more information about your state’s birth injury statute of limitations.
Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if we can connect you with a top birth injury lawyer near you.
Birth Injury Statute of Limitations by State
Each state has its own statute of limitations for birth injuries. Working with an experienced medical malpractice attorney in your area can help ensure that your complaint is filed correctly and within the time frame for your state.
2024 State Guide to Birth Injury Statute of Limitations
Below is the birth injury statute of limitations for all 50 states and the District of Columbia.
The statutes of limitations listed apply to medical malpractice cases, as most birth injury lawsuits are filed this way.
| State | Statute of Limitations for Birth Injuries | Statute of Limitations for Infant Wrongful Death |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 2 years | 3 years |
| California | 1 year | 2 years |
| Colorado | 2 years | 2 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years |
| District of Columbia | 3 years | 2 years |
| Florida | 2 years | 2 years |
| Georgia | 2 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 1 year | 1 year |
| Maine | 3 years | 2 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 2 years | 2 years |
| Minnesota | 4 years | 3 years |
| Mississippi | 2 years | 2 years |
| Missouri | 2 years | 2 years |
| Montana | 2 years | 3 years |
| Nebraska | 2 years | 2 years |
| Nevada | 3 years | 2 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | 2.5 years | 2 years |
| North Carolina | 3 years | 2 years |
| North Dakota | 2 years | 2 years |
| Ohio | 1 year | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 3 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 3 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 2 years | 2 years |
| Tennessee | 1 year | 1 year |
| Texas | 2 years | 2 years |
| Utah | 2 years | 2 years |
| Vermont | 3 years | 2 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 2 years | 2 years |
It’s important to understand statutes of limitations are subject to change. They also may vary depending on the type of legal action and state.
Working with a skilled lawyer is the best way to know if your case falls within the deadline.
Call us right now at (800) 914-1562 or Click to Live Chat to see if we can connect you.
Why Does the Birth Injury Statute of Limitations Exist?
The birth injury statute of limitations ensures that legal action is taken within a reasonable time. This is important because key evidence, like medical records and witness statements, needs to be preserved.
Additionally, proving what went wrong during labor and delivery can become more difficult as time passes. The causes of birth injuries often involve complex medical issues, so acting quickly helps protect the integrity of the case.
- Preserving medical evidence: Filing within the birth injury statute of limitations helps ensure that important medical records and evidence are still available.
- Accurate medical testimony: Doctors, nurses, and other medical staff are more likely to remember specific details if the case is filed shortly after the birth.
- Fairness for all parties: The deadlines ensure fairness for both the family and the medical professionals by requiring timely action.
- Timely compensation: Acting quickly allows families to receive compensation for medical expenses and long-term care without unnecessary delays.
- Providing a timeline: A birth injury statute of limitations helps set a clear timeframe to resolve the case, ensuring legal matters don’t drag on for years.
The birth injury statute of limitations deadline varies by state, but its purpose is to provide a fair balance between the rights of families and the medical providers involved.
Get a free case review right now to start the process.
Personal Injury Lawyers and the Birth Injury Statute of Limitations
Experienced lawyers are crucial in helping families navigate the birth injury statute of limitations. These legal professionals understand the complexities of medical malpractice laws.
They can ensure that your case is filed within the required timeframe, typically 2 to 3 years in most states. Missing this deadline could mean losing your right to seek compensation for your child’s injury.
- Determining the birth injury statute of limitations for your specific situation
- Filing your lawsuit on time, ensuring you don’t miss critical deadlines
- Handling time-sensitive documentation needed to meet legal requirements
- Identifying exceptions that may extend or shorten your filing deadline
- Monitoring important deadlines to keep your case moving forward efficiently
- Negotiating settlements to secure compensation as quickly as possible
Get a free case review right now to see if we can connect you with a top birth injury lawyer near you.
Get Legal Help Before Time Runs Out
If you believe your child’s birth injury was caused by medical malpractice, you may be entitled to compensation. Due to the time limit set by your state’s birth injury statute of limitations, finding a skilled attorney to file your claim as soon as possible is essential.
The Birth Injury Justice Center partners with experienced birth injury lawyers who can help families in all 50 states. If you qualify, they will handle the legal process, uphold your rights, and fight for the compensation your family deserves.
Our legal partners have secured more than $962 million for families affected by preventable birth injuries, and they may be able to help your family, too.
Call us right now at (800) 914-1562 or fill out our case review form to learn more about taking legal action within your state’s birth injury statute of limitations.
Birth Injury Statute of Limitations FAQs
Why is there a statute of limitations?
A birth injury statute of limitations is in place to ensure your medical malpractice lawsuit is handled promptly and effectively. This can help families, medical professionals, and witnesses recall the exact details of the birth injury so all facts relating to the case are accurate.
Are there exceptions to the statute of limitations?
There are several exceptions to a statute of limitations on birth injury.
Since birth injuries can take time to diagnose, many states use the discovery rule. This rule extends the filing deadline if a family learns about the injury after the usual statute of limitations has passed.
There may be specific filing rules for unique cases. It’s best to consult an experienced attorney to understand the birth injury statute of limitations for your situation.
What Is the timeline for birth injury claims?
In most states, the timeline for birth injury claims begins the moment your child’s injury is discovered. While each state has its own birth injury statute of limitations, most allow between 2 to 3 years to sue for a birth trauma.
How do I know when to file my birth injury claim?
Working with an experienced birth injury attorney as soon as possible is the best way to understand when to file your birth injury claim.
Medical malpractice lawyers have extensive knowledge of the statute of limitations on birth injury in each state. The first step in your birth injury lawsuit is to get a consultation at no cost to you. Contact us to get a free case review and learn more.
What is the statute of limitations on birth injury in my state?
The statute of limitations for birth injury cases usually falls within 2-3 years, depending on your state.
However, it’s important to check with an experienced birth injury attorney to find out what deadline applies to your specific case.
The Birth Injury Justice Center works with top attorneys who can help in all 50 states.
Call us at (800) 914-1562 to see if we can connect you.
How long after birth can you sue for malpractice?
If you are eligible, you can file a lawsuit any time after your child’s birth, but you have a strict deadline. This is usually 3 years or less, depending on your state’s laws. However, the exact timeframe may vary.
For example, some states have a law that gives parents extra time to file a cerebral palsy claim based on the date their child was diagnosed rather than the date of the medical error. While other states allow for extensions for children to act on their own behalf.
Therefore, it’s important to consult with an attorney to get the legal advice you need to ensure you file within the legal deadline specific to your situation.
How long after an injury can you sue in my state?
The timeframe to sue after an injury varies by state, but in most cases, you have between 2-3 years to take legal action for medical malpractice claims.
It’s essential to verify the exact time limit with an attorney, as state laws can differ and may affect your ability to file a claim.
Get a free case review right now to see if we can connect you with a top birth injury lawyer near you.
