The law is filled with terms that you may have heard in a movie or tv show, but never truly understood. While ideas like negligence or standard of care can be self-explanatory, understanding what statutes of limitation are can be difficult even for people in the law to understand. So what exactly are statutes of limitation and how do they impact your child with cerebral palsy?
Put simply, statutes of limitation are laws that dictate how long after an incident a person may sue for harm related to that event. This means that if a person does not file a lawsuit within the required time, the court will likely not hear the case and the claim can be lost. This may seem ridiculous to some, that a time limit can help a person or company avoid responsibility, but it is intended to avoid the filing of lawsuits well after important information, including records and core facts, are no longer available.
So what do statutes of limitation have to do with your child’s cerebral palsy? In a word: everything. In the event a complication during child birth led to cerebral palsy, the statute of limitations for the mother and the child are different. Depending on the diagnosis, as well as the circumstances that led to the injury to your child, there is a very wide range of possibilities. Because statutes of limitation are defined by law, each state can have its own set of rules to follow in calculating the appropriate statute of limitations.
With that said, you may be left wondering what your options are. Unlike other types of lawsuits where timing can be less pressing, caring for a child with cerebral palsy is always a time sensitive matter. Whether it’s the immediate care of your child with cerebral palsy today or the long-term costs and needs associated with life, getting your claims and/or legal action started as soon as possible is important, especially when looking to avoid problems with statutes of limitation.
There can be a lot of misinformation out there, even from uninformed attorneys, on what the statute of limitations for your claim may be. Rather than searching online, we recommend you call our offices to find out your rights and options directly. Even if you have been told by an attorney that the statute of limitations on your child’s cerebral palsy-related case has expired, or simply to find out more information, please call 800-462-5772 today. Unfortunately, time is not on your side. Please act quickly.