The statute of limitations for cerebral palsy claims can vary based on the jurisdiction and the circumstances surrounding the case. In the United States, each state has its own laws governing the time for initiating legal action. Generally, most cerebral palsy cases have a deadline between one and 10 years.
Birth Injury Lawyers Group understands the urgency of cerebral palsy claims. With a deep appreciation for the sensitive nature of these cases, our cerebral palsy lawyers provide swift and effective assistance to families. Call us today to determine what the statute of limitations is for your cerebral palsy case.
What Is the Statute of Limitations?
The statute of limitations is a legal concept that establishes the maximum time frame for initiating legal proceedings for a particular claim. It acts as a legal deadline, defining the period during which a cerebral palsy lawsuit must be filed after the alleged incident or injury occurred.
The purpose of statutes of limitations is to ensure timely resolution of legal disputes while preserving the integrity of evidence and preventing undue delays. The specific time limits can vary widely depending on the nature of the claim, the jurisdiction, and other factors.
Once the statute of limitations expires, you generally lose your right to bring a legal action, regardless of the merits of your case. To make sure your case is filed in time, consult a birth injury attorney as soon as possible.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What Is the Deadline for Filing a Cerebral Palsy Lawsuit?
The time limits can differ based on factors such as the age of the affected individual, the discovery of the injury, the type of case, and the jurisdiction’s laws. A cerebral palsy attorney from our team can review the details of your case and determine how much time you have to take legal action.
Recognizing the importance of adhering to statutes of limitations, we want to ensure that clients are informed about and comply with the specific deadlines applicable to their cases.
If the Victim Is a Minor, the Statute of Limitations Can Be Tolled
When the victim is a minor, the statute of limitations can be tolled or paused until the individual reaches the age of majority. This legal principle recognizes the unique circumstances surrounding minors, acknowledging that they may not have the capacity to bring legal actions on their own behalf.
The tolling of the statute of limitations provides a fair and reasonable extension. It allows minors to initiate legal proceedings once they reach an age where they can understand their rights and the nature of any potential claims.
The Discovery Rule
Cerebral palsy may not be diagnosed immediately. The discovery rule addresses situations where a plaintiff may not immediately be aware of an injury or harm. It allows the statute of limitations clock to start ticking from the moment the plaintiff discovers or reasonably should have discovered the injury rather than from the actual date of the incident.
Applied in various legal contexts, the discovery rule recognizes that some injuries may not manifest immediately, making it fair to grant individuals additional time to bring legal action.
This rule aims to balance the need for timely filing with the acknowledgment that certain injuries may be latent or not readily apparent. Cerebral palsy symptoms may become visible only as the child misses certain developmental milestones. To learn if your state recognizes the discovery rule, consult our cerebral palsy attorneys.
Case Type
Personal injury law broadly encompasses legal actions arising from injuries caused by the negligence of others. Within this framework, medical malpractice focuses on healthcare providers’ actions or omissions that result in harm to patients.
While most birth injury cases fall under medical malpractice, certain cases could be handled as personal injury or other types of claims. This influences the legal process and the deadline, as some states have different statutes of limitations for the types of cases.
In the tragic case when a birth injury leads to death, surviving family members could receive wrongful death damages. Generally, the parents can file a wrongful death claim, but the process can be different between states. Also, there is a separate statute of limitations for these types of cases.
States Have Different Deadlines
Each state establishes its own rules governing the time within which a lawsuit must be filed after the occurrence of alleged medical malpractice or negligence leading to cerebral palsy. Depending on the state you are in, you may have as little time as one year from the date of discovery to ten years to file a cerebral palsy lawsuit.
The Statute of Limitations for Cerebral Palsy Cases by State
How much time you have to file a cerebral palsy claim depends on the state where you file the lawsuit, the type of case, and other details. Consult a birth injury lawyer from the Birth Injury Lawyers Group to find out exactly how long you have to take legal action.
The following table illustrates the statute of limitations (SOL) for personal injury, medical malpractice, and wrongful death cases for every state:
| State | Personal Injury SOL | Medical Malpractice SOL | Wrongful Death SOL |
| Alabama | two years | two years and possibly an additional six months from the date of discovery | two years |
| Alaska | two years | two years, or up to 10 years based on the discovery rule | two years |
| Arizona | two years | two years after the cause of action accrues or the date of discovery | two years |
| Arkansas | three years | two years or one year under the discovery exception | three years, but two years if the case is based on medical malpractice |
| California | two years | one year after the plaintiff discovers or three years after the date of the injury, whichever comes first | two years |
| Colorado | two years | two years from the date of the incident or three years from the discovery date | two years |
| Connecticut | two years | two years from the date of the injury or three years from the discovery date | two years after the death and five years after the fatal incident |
| Delaware | two years | two years from the date of the injury or three years from the discovery date | two years |
| D.C. | three years | three years | two years |
| Florida | two years | four years from the date of the medical malpractice or two years from the discovery date | two years |
| Georgia | two years | two years; one year after the discovery date if a foreign object was left in the patient’s body; in any case, a lawsuit must be filed within a maximum of five years from the date the negligence or error occurred | two years |
| Hawaii | two years | two years after the discovery date but no more than six years from the date of the incident | two years |
| Idaho | two years | two years | two years |
| Illinois | two years | two years from the discovery date; four years from the date of the incident; if the victim is under 18 at the time of the injury, eight years from the date of the accident, but no later than the victim’s 18th birthday | two years |
| Indiana | two years | two years; could be extended based on the discovery exception | two years |
| Iowa | two years | two years from the discovery date; six years from the date of the incident | two years |
| Kansas | two years | two years from the date of the incident or the discovery date; not more than four years | two years |
| Kentucky | one year | one year but it can be extended to five years under the discovery rule | one year or two years |
| Louisiana | one year | one year from the date of the incident or the discovery date; not later than three years from the date of the incident | one year |
| Maine | six years | three years | three years |
| Maryland | three years | five years from the date of the incident; three years from the discovery date | three years |
| Massachusetts | three years | three years | three years |
| Michigan | three years | two years or six months after the discovery date, whichever is later; but not later than six years | three years |
| Minnesota | six years | four years | three years from the date of death but no later than six years after the injury that caused the death; if the death was the result of medical malpractice, three years from the date of death but no later than four years from the date of the injury |
| Mississippi | three years | two years from the date of the incident or the discovery date; no later than seven years since the malpractice | three years |
| Missouri | five years | two years | three years |
| Montana | three years | two years from the date of the incident or the discovery date; no later than five years from the date of injury | three years |
| Nebraska | four years | two years from the date of the incident; one year from the date of discovery; no later than 10 years from the date of the incident | two years |
| Nevada | two years | three years from the injury or one year from the discovery date | two years from the date of death; for medical malpractice cases, two years from the date of the incident |
| New Hampshire | three years | three years from the date of the injury or from the discovery date | three years |
| New Jersey | two years | two years from the date of the injury or from the discovery date | two years |
| New Mexico | three years | three years | three years |
| New York | three years | two and a half years | two years |
| North Carolina | three years | three years | two years |
| North Dakota | six years | two years from the date of the incident or two years from the discovery date but no later than six years from the incident | two years from the date of death; for a fatal medical malpractice, it’s two years from the date of discovery but not later than six years |
| Ohio | two years | one year from the date of the medical error or the discovery date but no later than four years | two years |
| Oklahoma | two years | two years | two years |
| Oregon | two years | two years from the date of the incident or the discovery date but no longer than five years from the date of the incident | three years |
| Pennsylvania | two years | two years | two years |
| Rhode Island | three years | three years | three years |
| South Carolina | three years | three years from the date of the medical error or the discovery date but not longer than six years from the date of the incident | three years |
| South Dakota | three years | two years | three years |
| Tennessee | one year | one year from the date of the incident or the discovery date but not later than three years | one year |
| Texas | two years | two years from the date of the incident or from the end of an ongoing treatment but not longer than 10 years since the medical error | two years |
| Utah | four years | two years | two years; one year if the wrongful death claim is filed against a government entity |
| Vermont | three years | three years from the date of injury or two years from the discovery date but not later than seven years from the date of the incident | two years |
| Virginia | two years | two years | two years |
| Washington | three years | three years after the incident or one year from the discovery date | three years |
| West Virginia | two years | two years from the date of the injury or from the discovery date but no later than 10 years | two years; one year if the death was caused by medical malpractice |
| Wisconsin | three years | three years from the date of the injury or one year from the discovery date but no later than five years from the incident | three years |
| Wyoming | four years | two years | two years |
"We know first-hand what you are going through."
Call Our Cerebral Palsy Attorneys Today
Birth Injury Lawyers Group understands the urgency of cerebral palsy cases. As soon as you call us, we will start working on your case. The sooner you reach out to us, the more time we will have to strengthen your case.
By contacting us, you are taking the crucial first step towards securing the legal support you need.
"We are committed to helping families who have suffered medical negligence."