How Long After Birth Can I File a Cerebral Palsy Claim?

 Posted on October 05, 2023 in Birth Injury

It is heartbreaking to realize that medical mistakes during childbirth may have caused your baby’s birth injury. When you found out that your child had cerebral palsy, your first instinct was to give them all the love and care they needed, 24/7. But you should seek legal counsel quickly. Taking care of a child with cerebral palsy can be really tough and exhausting. These types of medical errors create lifelong challenges for both your child and your family. If you are worried about the long-term expenses and you want to take legal action against the people responsible for your child's injuries, you need an Illinois birth injury attorney who can look into the possibility of filing a medical malpractice lawsuit for the birth injuries your child has experienced.

 Is There a Deadline to File a Lawsuit?

When it comes to lawsuits, there is something called a statute of limitation. It is like a legal deadline for filing a lawsuit. Once that deadline passes, you likely cannot make a legal claim anymore. It may seem strict, but they are there to make sure that people have a fair chance to bring their legal claims while the evidence is still fresh and available. The idea is to make sure that important records, information, and documents are still available and reliable when you decide to file a lawsuit. Here are the main things to know about this time-sensitive rule:

• Medical malpractice cases – If you are dealing with a medical malpractice case in Illinois, you usually have two years from the time of the injury to file a lawsuit.
• Discovery rule – But what if you did not realize the damage right away? In that case, you can still file a lawsuit within four years of the injury being discovered, even if it has been more than two years since it happened.
• Birth injury claims – When it comes to birth injury claims, such as cerebral palsy, you get more time. You can file a lawsuit within eight years of your child's injury. However, there is a cutoff – you cannot make any claims after your child turns 22 years old.

 What Financial Help is Available for My Child’s Birth Injuries?

Birth injuries happen when problems occur during pregnancy, labor, or delivery, and lead to harm to the child or the mother. Ongoing treatments can cause significant financial difficulties for families. At Birth Injury Law Alliance, Ltd. an experienced attorney can evaluate your case and determine whether your child's injury occurred because of medical negligence, and we will also help you understand your options. In Illinois, there is no limit on the damages that can be awarded in medical malpractice cases. Compensation for birth injuries can assist with some of the expenses and the emotional trauma in the following ways:

• Covering the costs of medications and doctor's visits
• Replacing lost wages if you need to be caring for your child
• Physical therapy and occupational therapy expenses
• Equipment to facilitate movement

Schedule a Free Consultation with Cook County Birth Injury Lawyer

 At Birth Injury Law Alliance, Ltd. we know that cerebral palsy and other birth injuries impact the entire family. A skilled Chicago, IL birth injury attorney is ready to assist you in seeking compensation. If you are feeling overwhelmed and not sure about your next step, do not hesitate to call 312-462-4200 for a free consultation.