The moments following your child’s Cerebral Palsy diagnosis can be heart-wrenching and confusing. During this difficult time, many parents are unclear why this happened or what they should do next. Contacting a Cerebral Palsy birth injury lawyer is not always the first thing people think of in these situations.
However, as with most lawsuits, there is a time limit in which a birth injury lawsuit must be filed according to each state’s statute of limitations. It’s important to understand the statute of limitations in your state so that your claim and potential compensation are not adversely affected.
Stern Law, PLLC is committed to helping children and families understand their rights and pursue justice in Cerebral Palsy cases. If you would like to learn more about the statute of limitations in your state, contact us today by completing the form on this page or calling (800) 462-5772 today.
What Is a Statute of Limitations?
A statute of limitations is essentially a defined time period in which you can file your birth injury claim. However, as stated above, most types of lawsuits have a statute of limitations, which vary according to the type of claim being filed and the state in which you live. Depending on the type of case, it can be as short as a two-year window, or as long as ten years or more. Regardless of the type of claim being filed, if you miss your state’s deadline, your case will not be allowed.
But when does the clock start ticking? In an auto-negligence case, it’s easy to start the clock the moment the accident occurred. However, in a medical malpractice case, such as a birth injury claim, symptoms of an injury may not emerge for several years. This is why several jurisdictions have implemented some form of a discovery rule. A discovery rule suspends the statute of limitations until an injury caused by medical malpractice is or should have been discovered.
Even if your state allows you to file a claim within a few years, it is always recommended to contact a birth injury lawyer and begin the legal process as quickly as possible. Prolonging the case increases the risk of losing or clouding evidence.
What Is the Statute of Limitations for Cerebral Palsy Birth Injury Case?
The statute of limitations for medical malpractice causing Cerebral Palsy varies dramatically from state to state. In some states, a claim must be filed before a child turns three, while other states allow cases to be brought until a child reaches 21 years of age. Not only do statutes of limitations differ among jurisdictions, they are often in a state of flux in any given location or time. Because of this consistent variance, even well-meaning attorneys who do not concentrate in birth injury cases can offer false information on the eligibility of your claim. This is why no matter where you live, it is crucial to contact an experienced Cerebral Palsy birth injury lawyer as soon as possible to get the most accurate information on the statute of limitations in your area.
Determining the Statute of Limitations for You and Your Child
If an avoidable error during pregnancy, delivery or post-birth care led to your child’s Cerebral Palsy, the statute of limitations are different for the mother and child. If a professionally-conducted Medical Legal Review determines that your child’s condition was the result of medical malpractice, your child could be eligible for Lifetime Benefits, compensation set aside for the immediate and long-term costs associated with CP, such as medical expenses, assistive equipment, therapy, daily living costs and more.
Time is not on your side and the clock may already be ticking. If you’d like to request a free Medical Legal Review and learn more about the specific statute of limitations for your child’s Cerebral Palsy birth injury case, contact Stern Law, PLLC today by calling (800) 462-5772 or completing the form on this page.