What is the Statute of Limitations for a Birth Injury Claim?

 Posted on August 23, 2024 in Birth Injury

If you or your baby were injured at birth, it is reasonable to assume you had more pressing things to take care of immediately than preparing a legal case against the medical personnel who were responsible. Recovering from a traumatic birth and treating any injuries while caring for a newborn can certainly take up a lot of time and attention. If you are now ready to consider your legal options, speak with an experienced Chicago, IL birth injury lawyer to understand whether you are still within the statute of limitations to file a claim.

How Long After Birth Can I Sue for a Birth Injury?

The statute of limitations is an interesting concept for birth injury cases because some birth injuries are only evident months or years later while others can be diagnosed immediately after birth. That is why there are exceptions to the statute aimed at allowing parents to file a lawsuit.

The statute of limitations differs from state to state. Even within a state, rules can vary depending on the specific details of your case. General guidelines for how long you have until you can no longer file a birth injury case in Illinois are:

• Medical malpractice: In general, medical malpractice cases in Illinois need to be filed no later than two years from the time of the injury.
• Discovery exception: If the damage was not evident immediately, you can file a lawsuit within four years of when the injury was discovered. That is true even if discovery happens more than two years after the injury occurred.
• Birth injury: Unlike a typical medical malpractice case, you have up to eight years from the time of the injury to file a birth injury lawsuit. However, once your child turns 22 years old, you can no longer file any claims, even if it is within eight years.

It is important to file within the statute of limitations. If you fail to do so, you can lose your ability to make any claim. That is why you should seek reliable legal advice for this type of case as soon as you understand that your child suffered from a birth injury caused by medical negligence.

Schedule a Free Consultation with a Cook County, IL Birth Injury Lawyer

Dealing with the consequences of a birth injury can be emotionally and physically taxing. Do not let an administrative matter like the amount of time it takes you to file your claim stop you from getting the compensation that you deserve. A dedicated Chicago, IL birth injury attorney can make sure your case is filed professionally and correctly, including having everything submitted within the necessary timeline. Call Birth Injury Law Alliance, Ltd. at 312-462-4200 to hear more about how we can help you.