Statute of Limitations

Legal terms are often difficult to understand. It’s especially challenging when you are already dealing with traumatic events involving birth injury, medical malpractice, or personal injury.

But “statute of limitations” can significantly impact the success of your case.

Statutes of limitations (SOL) are set by law or statute in each state. They dictate the time period by which a lawsuit must be filed. The clock usually begins ticking at the date of injury. However, the statute of limitations sometimes starts when the injured person knew or should have known about the injury. Determining when a statute of limitations starts running is often tricky and best handled by an experienced attorney.

Cases filed outside of the statute of limitations generally are dismissed. You and your family will not be compensated for your injuries if your case is dismissed because it is filed after the statute of limitations time period has passed.

Because you may not know when your case must be filed, it’s important to contact an attorney as soon as possible after your injury. It’s even more critical if you need to pursue compensation for a birth injury to your child.

One crucial fact about statutes of limitations is that they vary based on the type of case and where it is filed.

For example, the SOL for most personal injury or medical malpractice cases are as follows:

• 3 years in Arkansas for personal injury, 2 years for medical malpractice
• 2 years in Texas for both personal injury and medical malpractice (with longer SOLs for children or mentally incapacitated persons) and there are many exceptions to the rule
• 1 year in Louisiana for both personal injury and medical malpractice

Pennsylvania law includes exceptions to the general personal injury and medical malpractice deadlines. For example, an injured minor (including children who sustain birth injuries) typically has two years from the time they turn 18 to file a lawsuit for injuries suffered as a child. But there are exceptions to this law that could result in dismissal of your claim if not handled carefully.

The deadlines are also different for other types of claims, including:

• injury to personal property,
• contract disputes,
• fraud, and
• collection of debts.

SOLs can be even more complicated when dealing with government agencies. For example, you may need to file a birth injury claim under the Federal Tort Claims Act (FTCA) if the party that injured you:

• Was a federal employee or
• Was employed by a military hospital, Veterans Administration facility, or a federally funded medical entity.

In cases involving the FTCA, claimants must go through administrative procedures before filing a lawsuit. This delay must be considered when preparing a case and pursuing compensation.

In some states there are shorter time periods in which you must give “notice” if the hospital is a local or state government hospital or the doctors and medical providers are employees of a governmental entity.

Finally, some states extend the period of time you must file a lawsuit depending upon when you first “discover” you or your loved one has been injured due to someone else’s fault. Confused yet? Do not worry, that is where we come in. Our birth injury attorneys can help navigate this complicated series of laws in each state.

It’s complicated.

Your claim might include causes of action that have different deadlines. Also, some states require that plaintiffs obtain expert affidavits before filing their medical malpractice lawsuits. And it may take time to determine who is responsible for birth injuries that occur before, during, or shortly after birth.

For example, a baby that seems all right upon leaving the hospital may later show signs of brain damage caused by hypoxic-ischemic encephalopathy (HIE). Also, conditions like cerebral palsy may not be diagnosed until weeks or years after a child is born.

You can avoid missing the deadline to file your claim by discussing your case with an experienced birth injury lawyer. We strongly encourage you to do so if there is any question that you suffered a personal injury or your child suffered a birth injury.

Even if you think you have waited too long call us, because there are many exceptions and loopholes that may apply to you or your child.

We can help.

As national birth injury lawyers, we understand how a statute of limitations applies to claims filed in your state. We also understand how crucial it is for you to get financial compensation for your child’s injuries.

We diligently investigate the facts, including a detailed examination of the fetal heart rate monitoring strips and labor and delivery records. This review may show that medical providers did not diagnose or respond to fetal distress or other issues during labor and delivery. They may not have provided the care your baby needed immediately after birth.

If negligence or malpractice occurred, we hold the responsible parties accountable by pursuing medical malpractice claims against them. The compensation our clients receive helps them pay for their child’s current and future medical treatment, assistive technology and equipment, attendant care, and the other expenses associated with caring for a child with brain injuries, hypoxic-ischemic encephalopathy, seizure disorders, and cerebral palsy.

Sometimes families are afraid to talk to lawyers about their child’s case because they worry there is a fee. There is never a fee unless and until we make money recovery for our clients.

The only way to find out if you have a birth injury case is to talk to an attorney who understands birth injury.

At Miller Weisbrod Olesky, a team of committed professionals uses our detailed case review process to assess your potential claim. They start by learning more about you and your child. Then we gather medical records to determine what happened before, during, and after your delivery. We call in skilled medical experts who review your records and let us know if they think medical errors could have caused your child’s injuries.

If we feel medical malpractice was present, we meet with you to discuss how you can receive compensation from the medical professionals who made the errors.

At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do.

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Texas

Texas Civil Practice and Remedies Code Chapter 74.251
For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. For the medical expenses the child can occur up until the age of 18 this is a claim that belongs to the parents and a birth injury lawsuit must be brought within 2 years of the date of the negligence. But, for all future medical expenses, loss of earnings and non-economic damages (pain and suffering, mental anguish, physical impairment/disability and disfigurement) of the child the birth injury lawsuit must be filed no later than the day the child turns 14.

Arkansas

Arkansas Code section 16-114-203
For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 11 years old.

Oklahoma

For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed within 7 years of the date of the injury.

New Mexico

For adults the statute of limitations in a medical malpractice is generally 3 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the children turns 9 years old.

Missouri

For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the date the child turns 20 years old.

Georgia

Georgia Code: Title 9; Chapter 3 - Limitations of Actions; Article 4 - Limitations for Malpractice Actions
For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 7 years old.

Ohio

Section 2305.113 | Medical malpractice actions
For adults the statute of limitations in a medical malpractice is generally one year from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 19 years old.

Pennsylvania

42 Pennsylvania Consolidated Statues Section 5524
For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 20 years old.

Washington

For adults the statute of limitations in a medical malpractice is generally 3 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 19 years old.

Arizona

For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 20 years old.

Colorado

For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 8 years old.

Nevada

For adults the statute of limitations in a medical malpractice is generally 3 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child that suffers a brain injury must be filed no later than the day the child turns 10 years old. For birth injuries not involving brain injury, the time period may be considerably shorter so you should contact a birth injury attorney as soon as possible.

Alabama

For adults the statute of limitations in a medical malpractice is 2 generally years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 8 years old.

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