If you or your child has suffered a birth injury, you may be wondering how long you have to take legal action. The answer to this question can be complex, as it depends on several factors. In this article, we will provide a comprehensive guide to the statute of limitations for birth injury lawsuits.
It is important to note that every case is unique, and you should always consult with an experienced attorney to determine the best course of action for your particular situation. With that said, let’s take a look at some of the key factors that can impact the statute of limitations for birth injury lawsuits.
When the Injury Happened
The first factor to consider is when the injury happened. In many cases, the date of the injury is fairly easy to determine. However, there are some instances where the date of the injury is not as clear. For example, if your child was born with a congenital disability, it may be difficult to determine when the injury actually occurred. In general, the statute of limitations for birth injury lawsuits starts to run on the date of the injury. However, there are some exceptions to this rule. For example, if the injury was caused by medical malpractice, the statute of limitations may not start to run until the date of the last negligent act.
When the Injury Was Discovered
The second factor that can impact the statute of limitations for a birth injury lawsuit is when the injury was actually discovered. In many cases, the injury is not immediately apparent, and it may take months or even years for the parents to realize that their child has been injured. For example, if your child was injured during the labor and delivery process, the statute of limitations would begin to run from the date of the injury.
However, if your child was injured due to medical negligence during the prenatal period, the statute of limitations would begin to run from the date of the negligent act (e.g., the date of the doctor’s appointment where the negligence occurred). In some cases, the statute of limitations may be “tolled,” or paused, if the injury is not discovered until after the child reaches a certain age.
For example, in some states, the statute of limitations may be tolled until the child reaches the age of majority (18 years old). This means that the parents would have until the child’s 18th birthday to file a lawsuit.
What State Your Case is Based
The third factor to consider is what state your case is based on. Each state has its own laws regarding the statute of limitations for birth injury lawsuits. As a result, it is important to consult with an attorney who is familiar with the laws of your state.
There is no definitive answer to the question of how long you have to sue for a birth injury. The time frame in which you have to take legal action will depend on several factors, including the specifics of your case, the applicable state laws, and the statute of limitations. However, it is important to remember that if you wait too long to take action, you may be barred from doing so altogether. If you believe that you or your child has suffered a birth injury, it is important to speak with an experienced attorney as soon as possible to discuss your legal options and ensure that your rights are protected.
If you’re looking for a Kentucky medical malpractice attorney, we can help! Here at Circeo Law Firm, we provide the kind of personalized attention, unique to every case, that is lacking in the mega-firms where you are just another client. Circeo Law Firm is a client-centric civil litigation law firm comprised of some of the top legal minds in the Southern United States. The team at Circeo Law Firm is here for you to provide a free, confidential consultation so you know where you stand on the matter.