Cerebral Palsy Statute of Limitations

Cerebral palsy statutes of limitations place strict time limits on how long you have to file your lawsuit. The best way to ensure your claim is filed correctly and within your state’s statute of limitations is to work with an experienced cerebral palsy lawyer. Learn more about how long you have to file a claim.

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What Are Statutes of Limitations?

The statute of limitations (SOL) is a law that sets a time limit on how long an individual has to file a lawsuit. These laws were created to ensure lawsuits were filed and resolved in a timely manner.

Every state has its own statute of limitations for medical malpractice lawsuits. You must file your lawsuit before the statute of limitations expires. If you fail to file your claim within your state’s deadline, you may lose your right to file a lawsuit forever.

The best way to make sure your claim is filed within the cerebral palsy lawsuit statute of limitations is to work with an experienced attorney as soon as possible. Get started today with a free case review.

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How Long Do I Have to File a Cerebral Palsy Lawsuit?

Although the statute of limitations can vary based on the state you file in, most states give citizens a few years to file their personal injury medical malpractice claims — including those related to birth injuries.

Further, some states have special laws to allow families more time to file their cerebral palsy claims.

Many cerebral palsy cases are not diagnosed with the condition until the child reaches toddlerhood. Because of this, many states have a discovery rule that allows the statute of limitations to start at the time the child’s birth injury was discovered and not when the injury occurred.

Additionally, many states have special exceptions for cases of medical malpractice against minors that give families much more time to file.

Cerebral Palsy Statutes of Limitations by State

Each state sets its own statute of limitations for cerebral palsy that places a limit on how long you have to file your medical malpractice case. Find a full list of statutes for birth injury cases and wrongful death cases below.

StateStatute of Limitations for Birth InjuriesStatute of Limitations for Infant Wrongful Death
Alabama2 years2 years
Alaska2 years2 years
Arizona2 years2 years
Arkansas2 years2 years
California1 year after discovery or 3 years after date of the injury2 years
Colorado2 years2 years
Connecticut2 years2 years
Delaware2 years2 years
District of Columbia3 years2 years
Florida4 years2 years
Georgia7 years2 years
Hawaii2 years2 years
Idaho2 years2 years
Illinois8 years2 years
Indiana2 years2 years
Iowa2 years2 years
Kansas2 years2 years
Kentucky1 year1 year
Louisiana1 year1 year
Maine3 years2 years
Maryland3 years after discovery or 5 years after date of the injury3 years
Massachusetts3 years3 years
Michigan2 years3 years
Minnesota4 years3 years
Missouri2 years3 years
Montana3 years3 years
Nebraska2 years2 years
Nevada3 years2 years
New Hampshire2 years3 years
New Jersey13 years2 years
New Mexico3 years3 years
New YorkWithin 10 years of injury2 years
North Carolina3 years2 years
North Dakota2 years2 years
Ohio19 years2 years
Oklahoma2 years2 years
Oregon2 years3 years
Pennsylvania2 years2 years
Rhode Island3 years3 years
South Carolina3 years3 years
South Dakota2 years2 years
Tennessee1 year after discovery or 3 years after date of the injury1 year
Texas2 years2 years
Utah2 years2 years
Vermont3 years2 years
Virginia2 years2 years
Washington3 years3 years
West Virginia2 years2 years
Wisconsin3 years3 years
Wyoming2 years2 years

Statutes of limitations are subject to change. An experienced cerebral palsy attorney can determine how much time you have to file your lawsuit. To learn more, contact us today.

Working With a Lawyer to File Your Cerebral Palsy Lawsuit

Since the statute of limitations varies depending on the state you live in, it is important to work with an experienced cerebral palsy lawyer at a national law firm.

Small, local law firms may not have the experience or resources to successfully support and handle your claim. Working with an attorney at a cerebral palsy law firm may give you the best chance at receiving compensation through a settlement or trial verdict.

Birth injury attorneys at national law firms can help ensure your claim is filed in a timely manner and within your state’s statute of limitations. An experienced attorney will also have the resources needed to prove that negligent medical providers were responsible for your child’s cerebral palsy.

Take Legal Action Today

Cerebral palsy statutes of limitations may seem difficult to navigate on your own. An experienced attorney can help you file your claim within your state’s statute of limitations with ease.

If you believe your child’s condition was caused by medical negligence, you may qualify for financial compensation to pay for their cerebral palsy treatment and other medical expenses.

Contact a birth injury lawyer even if you think the statute of limitations has run out in your case. They may be able to help you find other forms of financial compensation for your child’s injury.

Get a free case review to get started today.

Cerebral Palsy Statute of Limitations FAQs

Can you sue for cerebral palsy?

Yes. You may be able to take legal action if you believe your child’s cerebral palsy was caused by negligence during the birthing process.

It is important to remember there are cerebral palsy statutes of limitations in every state. You must file your claim within the statute of limitations or you may not be able to receive compensation at all.

How long do you have to sue for medical negligence?

You usually have several years to sue for medical negligence. Each state has its own statute of limitations for cases involving medical negligence.

It is important to check the limitations in your state by working with a lawyer who understands the laws in your state to ensure your claim is filed in a timely manner.

Can you sue for malpractice years later?

Yes. Cerebral palsy statutes of limitations allow civilians anywhere between 2 to 19 years to file their lawsuit. Since each state has its own laws that are subject to change, contact a lawyer as soon as possible to learn how long you have to file.

How do I file my claim within the statute of limitations?

Work with an experienced cerebral palsy lawyer to make sure your lawsuit is filed within the statute of limitations in your state.

Specialized attorneys at national cerebral palsy law firms have the experience and resources to file your claim within the statute of limitations in your state.

Contact us today to connect with a lawyer near you.

Birth Injury Support Team

Cerebral Palsy Guide was founded upon the goal of educating families about cerebral palsy, raising awareness, and providing support for children, parents, and caregivers affected by the condition. Our easy-to-use website offers simple, straightforward information that provides families with medical and legal solutions. We are devoted to helping parents and children access the tools they need to live a life full of happiness

View Sources
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  2. Goguen, D. (2021, January 18). Time Limits for a personal injury lawsuit: What is the statute of Limitations. www.nolo.com. Retrieved November 3, 2021, from https://www.nolo.com/legal-encyclopedia/time-limits-personal-injury-lawsuit-watch-the-statute-limitations.html.
  3. Goguen, D. (2021, March 17). Medical malpractice state laws: Statutes of limitations. www.alllaw.com. Retrieved November 3, 2021, from https://www.alllaw.com/articles/nolo/medical-malpractice/state-laws-statutes-limitations.html.
  4. Statute of limitations on a personal injury case. Enjuris. Retrieved November 3, 2021, from https://www.enjuris.com/personal-injury-law/statute-of-limitations.html.