The statute of limitations is a legal time frame within which you must file your lawsuit. Once this time runs out, you no longer have the right to sue.
For most adults in medical malpractice cases, this time limit is usually two years and six months. However, when it comes to children and birth injuries, the law is a bit different.
Consulting a birth injury attorney can help you get full oversight of all the specifics involved in the laws of your state.
Why Should You Act Quickly?
Even though the law may give you a longer window to take action, it’s still really important to act quickly. You should consider filing the lawsuit on behalf of your child as soon as you find out about the birth injury. The statute of limitations in birth injury cases expires before your child turns 18, so waiting too long could mean losing the opportunity to seek justice.
One thing to keep in mind is that some birth injuries don’t show up right away. It could take months or even years for certain injuries to become obvious.
Thankfully, the law allows parents up to ten years to discover the injury and take legal action. However, once you know about the injury, it’s important to contact a birth injury lawyer as soon as possible.
How Much Time Do You Have to File a Birth Injury Lawsuit?
The amount of time you have to file a birth injury lawsuit depends on the state where your child was born. Different states have different laws, so the statute of limitations might be shorter or longer depending on where you live.
In New York, for example, the law gives you more time to file a lawsuit if the case involves a minor child. Specifically, under the New York Civil Practice Law and Rules, if your child suffers a birth injury during labor, you have until your child turns ten to file the lawsuit.
That’s why it’s essential to consult a lawyer who knows the laws in your state as soon as you realize your child’s injury might be linked to medical malpractice.
Defenses You Might Face
Healthcare providers often try to argue that the birth injury lawsuit wasn’t filed on time. This is why the statute of limitations is such a big deal. If the lawsuit is filed after the time limit, you might not be able to recover any damages for the injury your child has suffered.
What If the Injury Leads to Death?
In some heartbreaking cases, a severe birth injury can result in the death of the baby. If this happens, the rules are a bit different.
While this isn’t something anyone wants to think about, it’s important to know your legal rights if you’re ever in this tragic situation.
How a Lawyer Can Help You With Your Situation
Dealing with the legal side of things can feel overwhelming, especially when you’re also dealing with the emotional and financial stress of a birth injury. That’s where a personal injury lawyer comes in. They can help with:
- Filing your case on time: Your lawyer will make sure that your lawsuit is filed within the statute of limitations.
- Handling important documents: Birth injury cases involve a lot of paperwork, and your lawyer will take care of all the time-sensitive documentation.
- Monitoring deadlines: Your lawyer will keep track of deadlines to ensure nothing falls through the cracks.
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