What are statutes of limitations?
Statutes of limitations (SOLs) are laws that set 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.
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 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. You can find a full list of statutes for birth injury cases and wrongful death cases below.
| State | SOLs for Birth Injuries | SOLs for Wrongful Death |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 2 years | 2 years |
| California | 1 year after discovery or 3 years after date of the injury | 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 | 4 years | 2 years |
| Georgia | 7 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 8 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 after discovery or 5 years after date of the injury | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 2 years | 3 years |
| Minnesota | 4 years | 3 years |
| Missouri | 2 years | 3 years |
| Montana | 3 years | 3 years |
| Nebraska | 2 years | 2 years |
| Nevada | 3 years | 2 years |
| New Hampshire | 2 years | 3 years |
| New Jersey | 13 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | Within 10 years of injury | 2 years |
| North Carolina | 3 years | 2 years |
| North Dakota | 2 years | 2 years |
| Ohio | 19 years | 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 after discovery or 3 years after date of the injury | 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 |
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.
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.
