Birth Injury Statute of Limitations

The birth injury statute of limitations is a state-specific deadline that limits how much time you have to take legal action for a birth injury caused by medical malpractice. In most states, families have 2-3 years to file a lawsuit. An experienced birth injury lawyer can help you file your claim before the deadline. Contact us now to see if we may be able to connect you with a top attorney.

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Why Take Legal Action?

By filing a birth injury lawsuit, you can seek financial compensation to provide your child with the care they need to live their best life.

Results Secured

$10.4 million for a Pennsylvania child with cerebral palsy
$5 million for a Massachusetts child with brain damage
$4.5 million for a child in Illinois with Erb’s palsy

Fact-Checked and Legally Reviewed by: Rae Theodore

Last updated: Sep 17, 2024

What Is a Birth Injury Statute of Limitations?

The statute of limitations for birth injury lawsuits sets the amount of time families have to file a medical malpractice claim on behalf of their child.

When medical professionals fail to provide a high standard of care and harm a vulnerable newborn, they can cause serious injuries. By taking legal action, you can hold negligent health care providers accountable for their actions.

Key Facts About the Statute of Limitations & Birth Injury

Birth injury statute of limitations vary by state.
In most states, the filing deadline is between 2 and 3 years.
The statute typically starts when the injury is discovered, not necessarily at birth.

These deadlines are strict. If the statute of limitations on birth injury expires in your case, you won’t be able to take legal action and seek compensation for your child’s medical expenses and lifetime care costs.

LawFirm.com works with a network of birth injury lawyers who can navigate the statutes of limitations in all 50 states. Together, they’ve secured over $962 million in birth injury compensation for families nationwide.

Get a free case review now to see if they may be able to fight for your child while there’s still time to file a claim.

How Long Do I Have to File a Birth Injury Lawsuit?

How much time you have to sue for a birth injury depends on the statute of limitations in the state in which your child was born. Families typically have 2-3 years to file a birth injury lawsuit.

Did you know?

The discovery rule allows the birth injury statute of limitations to start when your child’s injury is discovered or should reasonably have been discovered, rather than when the injury occurred. In wrongful death cases, the clock begins on the date a child passed away due to a birth injury.

The discovery rule is especially important in birth injury cases, as families may not realize that their child has been injured until later. This gives them time to file a claim once they become aware of the injury and its cause.

It’s a good idea to reach out to a birth injury law firm even if you think the birth injury statute of limitations has passed. They can review the facts of your case, provide legal advice, and act quickly to protect your rights.

Birth Injury Statute of Limitations by State

Each state has its own statute of limitations for birth injuries. Working with an experienced birth injury lawyer is the best way to ensure your lawsuit is filed correctly and within the designated time frame.

Find your state’s birth injury lawsuit timeline below.

State	Statute of Limitations for Birth Injuries	Statute of Limitations for Infant Wrongful Death
Alabama	2 years	2 years
Alaska	2 years	2 years
Arizona	2 years	2 years
Arkansas	2 years	3 years
California	1 year	2 years
Colorado	2 years	2 years
Connecticut	2 years	2 years
Delaware	2 years	2 years
District of Columbia	3 years	2 years
Florida	2 years	2 years
Georgia	2 years	2 years
Hawaii	2 years	2 years
Idaho	2 years	2 years
Illinois	2 years	2 years
Indiana	2 years	2 years
Iowa	2 years	2 years
Kansas	2 years	2 years
Kentucky	1 year	1 year
Louisiana	1 year	1 year
Maine	3 years	2 years
Maryland	3 years	3 years
Massachusetts	3 years	3 years
Michigan	2 years	2 years
Minnesota	4 years	3 years
Mississippi	2 years	2 years
Missouri	2 years	2 years
Montana	2 years	3 years
Nebraska	2 years	2 years
Nevada	3 years	2 years
New Hampshire	3 years	3 years
New Jersey	2 years	2 years
New Mexico	3 years	3 years
New York	2.5 years	2 years
North Carolina	3 years	2 years
North Dakota	2 years	2 years
Ohio	1 year	2 years
Oklahoma	2 years	2 years
Oregon	2 years	3 years
Pennsylvania	2 years	2 years
Rhode Island	3 years	3 years
South Carolina	3 years	3 years
South Dakota	2 years	2 years
Tennessee	1 year	1 year
Texas	2 years	2 years
Utah	2 years	2 years
Vermont	3 years	2 years
Virginia	2 years	2 years
Washington	3 years	3 years
West Virginia	2 years	2 years
Wisconsin	3 years	3 years
Wyoming	2 years	2 years

Child birth injury statutes of limitations are subject to change. Contact an experienced birth injury lawyer to find out how long you have to file your claim. They may be able to help, even if your child doesn’t have an official diagnosis yet.

Call (888) 726-9160 right now or chat with a case manager to see if we can connect you with a top lawyer near you.

Factors That Affect the Statute of Limitations on Birth Injury

It’s important to know about the factors that can impact the statute of limitations in birth injury cases, so you know how long you have to take legal action.

5 factors that can affect the statute of limitations for birth injury include:

State laws: Different states have varying time frames, usually between 2 and 3 years.
Discovery rule: If the birth injury isn’t immediately apparent, the time limit may start running on the date it’s discovered.
Type of injury: The birth injury statute of limitations may be different for personal injury and wrongful death cases.
Negligence: The type and extent of medical malpractice can influence the time frame.
Fraud or concealment: If the injury was intentionally concealed, the statute may be extended.

A birth injury lawyer will consider these factors and more, working to file your medical malpractice case as quickly as possible to provide you with peace of mind.

Get Legal Help for a Birth Injury

If you suspect your child’s birth injury was caused by a medical error, you may be able to seek compensation that can help pay for their medical care, pain and suffering, and related expenses.

Due to birth injury statutes of limitations, it’s important to find a law firm to file your claim as soon as possible. Birth injury settlements award over $1 million on average, so you don’t want to miss your chance.

LawFirm.com has partnered with top birth injury law firms that can help families in all 50 states pursue compensation.

Our legal partners:

Have secured over $962 million in birth injury compensation
Never charge any upfront or hourly fees
Handle all aspects of the legal process, so you can focus on your child

Call (888) 726-9160 right now or get a free, no-obligation case review to take the first step toward the justice your child deserves.

Statute of Limitations & Birth Injury FAQs

What is the statute of limitations on birth injuries?

The statute of limitations on birth injury varies by state, with the majority of states giving families 2-3 years to file a lawsuit and pursue compensation.

Other factors may play a role, so it’s best to reach out to an experienced attorney as soon as possible.

Call (888) 726-9160 right now to see if we can connect you with a top birth injury lawyer.

How long do you have to sue for a birth injury?

The amount of time you have to sue for a birth injury caused by medical negligence depends on the state. State laws called statutes of limitations limit how much time you have to file a birth injury claim.

Child birth injury statutes of limitations are between 1-6 years and start on the date of the injury or when you first discovered it.

An experienced birth injury attorney can explain the deadline that applies in your case and act quickly to file your medical malpractice lawsuit in time.

How long is the cerebral palsy lawsuit statute of limitations?

The statute of limitations for cerebral palsy lawsuits depends on the state and several other factors. In most states, the statute ranges from 2-3 years from the date the child’s condition is discovered.

Many children with cerebral palsy are not diagnosed until they become toddlers. As a result, states often have a discovery rule that allows the statute of limitations to start when the child’s birth condition is discovered and not when the injury occurred.

Consulting with an experienced cerebral palsy lawyer is recommended. They can explain the cerebral palsy lawsuit statute of limitations in your case and protect your legal rights — even if your child doesn’t have an official cerebral palsy diagnosis yet.

Get started now with a free case review.