Evening or Weekend Injury? We’re Here! Skype / Zoom Calls Available.

Cohen & Cohen P.C.

How long do I have to file a lawsuit in a case of a birth injury?

Date30 Nov 2020

How long do I have to file a lawsuit in a case of a birth injuryWelcoming a new child into the world should be one of the happiest times of your life — and many times, the event goes off without a hitch. However, sometimes complications arise during delivery. Sadly, complications during childbirth could leave your child harmed, disabled, or injured. 

Birth injuries are wide-ranging and can be mild to severe in nature. Severe injuries can often be devastating and lead to a lifetime of pain and disability, requiring special care and significant medical expense.

In some circumstances, birth injuries result from a doctor, healthcare provider, or a medical facility’s negligence. When this occurs, you may be able to hold the person or hospital responsible for the harm and injury. If this has happened to you, be aware that — like most lawsuits — there is a specific time frame within which to file a birth injury claim. If you wait, your case could be ineligible to be heard by the legal process.   

If you have a birth injury concern, or even just question if your child’s disability or injury may have been caused by medical errors, mistakes, or negligence, you should contact a birth injury attorney in your local area.

What Is the Statute of Limitations?

The statute of limitations is the limited time period the law establishes for filing a lawsuit. The time deadlines differ depending on the type of case. Cases filed after the set statute of limitations has expired will be barred, no matter how serious the injury or valid the claim. Therefore, it is essential to consult with a qualified birth injury lawyer to investigate your claim’s potential as soon as you have reason to believe your baby may have suffered a birth injury because of something that was done, or not done, by a medical or healthcare provider.

Is There an Extended Time for Birth Injuries Not Apparent at Birth?

Not all birth damage is apparent at birth. Many birth injuries manifest months or even years after delivery. For that and several other reasons, many states have individual extensions established to extend the statute of limitations for birth injury claims.  

For instance, Virginia law created an exception to that statute of limitations for birth injury claims, allowing a birth injury lawsuit to be filed up until the child’s 10th birthday. Virginia statute of limitations in birth injury cases mandates that the lawsuit must be filed within two years from the injury date. However, minors under eight years of age have until their 10th birthday to file. Infant wrongful death claims must be filed within two years of the baby’s death.

Since every state has different statute of limitations, it is critical to consult with an attorney as soon as possible. An experienced birth injury lawyer can investigate the claim in the time allowed and fully protect your and your child’s rights. Even though seeking legal advice may be the last thing on your mind, you must explore options to protect your child’s future. Birth injury cases are nuanced and very complex, so you need to seek the help of a lawyer who is experienced in representing children injured at birth. Schedule an appointment today to discuss your unique situation with a birth injury lawyer in your local area. 

   © 2022 Cohen & Cohen | Disclaimer