If you feel your child’s cerebral palsy was caused by medical negligence and want to file a lawsuit against the responsible party, it’s important to understand what statute of limitations are and what time limits you’re entitled to, according to your state.
Statute of Limitations Defined
Statute of limitations are time limits that plaintiff have to file a case against the defendant. Each state has its own rules when it comes to statute of limitations, and different types of cases may have different time limits. For example, in one state, the statute of limitations for a criminal case may be six years, whereas the statute of limitations for a civil case may be two years. In addition, the time limits may also differ depending on the type of criminal case (assault cases may have a longer statute of limitations than petty theft) and the type of civil case being filed.
All states allow at least a year to file a civil case, which generally begins from the time the injury that caused and led to your child’s cerebral occurred or was discovered.
Statute of Limitations for Cerebral Palsy Cases by State
Alabama
Cerebral palsy cases in Alabama must be filed within two years from the time of the disorder manifests or within six months from the time of the discovery of the injury that led to the child’s cerebral palsy (if the first two years have passed).
Alaska
Alaska requires that cerebral palsy lawsuits are filed within two years of the time of the injury that led to the disorder. Alaska also honors the discovery rule, meaning the two-year statute of limitations begins when the disorder was diagnosed.
Arizona
Cases must be filed within two years from the time of the discovery of the injury that led to cerebral palsy or two years from the diagnosis of the disorder in Arizona.
Arkansas
Arkansas law mandates that cerebral palsy cases must be filed within two years from the time the injury occurred that led to the disorder.
California
Cerebral palsy lawsuits in California need to be filed filed within three years from the time the injury happened that led to the disorder.
Connecticut
Connecticut law mandates that cerebral palsy lawsuits must be filed within two years of the time of the injury that led to cerebral palsy, but in rare circumstances, that state allows three years.
Delaware
Delaware allows two years from the time of the injury that caused cerebral palsy case to be filed. If you were unaware of the the injury that caused the cerebral palsy until the disorder was diagnosed, Delaware honors the discovery rule and allows up to three years to file the lawsuit.
Florida
Florida cerebral palsy cases must be filed within two years of the time it was diagnosed/discovered. In some cases, the statute is extended to three years, but no case will be honored after four years has passed from the time the child was diagnosed or from the time it should have been reasonably discovered.
Georgia
Cerebral palsy cases must be filed within two years from the time of the injury that led to the cerebral palsy diagnosis. If it’s not diagnosed/discovered within two years, such as cases of failure to diagnose, the statute of limitations is extended to until up to five years. After five years, you can no longer file the claim. These limitations apply to all cerebral palsy cases involving children under five years of age.
Hawaii
Hawaii cerebral palsy cases must be filed within two years from the time of the diagnosis. If the disorder has not been discovered within two years of the child’s birth, the statute of limitations extends until six years.
Idaho
Cerebral palsy lawsuits in Idaho must be filed within two years from the time of the injury that led to cerebral palsy.
Illinois
Illinois statute of limitations state that medical malpractice cases must be filed within two years of the injury that led to the child developing cerebral palsy. Four years are allowed if the injury isn’t discovered within two years. In instances when birth injuries lead to cerebral palsy or any other disorder or injury, the case must be filed within first eight years of the child’s life.
Indiana
Cerebral palsy lawsuits must be filed within two years of the birth injury that led to cerebral palsy. However, the state does allow some leeway for birth injury cases if the injury hasn’t been reasonably discovered within two years. In these instances, Indiana law allows the lawsuit to be filed up until the child’s eighth birthday.
Iowa
Cerebral palsy cases must be filed within two years of the time of the injury that caused cerebral palsy, or within two years from the date that the injury should have been reasonably discovered. Similar to other states, however, Iowa allows leeway in birth injury cases, and allows up to the child’s 10th birthday if the injury wasn’t discovered within the initial two-year period.
Kansas
Kansas statute of limitations state that cerebral palsy claims must be filed within two years from the time the injury occurred that led to the disorder. If the injury isn’t discovered within two years, that state allows up to fours years.
Kentucky
Kentucky statute of limitations, one of the more stricter cases in medical malpractice cases, allows one year from the time injury occurred that led to cerebral palsy. The good news is if injury isn’t discovered within one year, a total of, five years (including the first initial year) is given to discover the injury.
Louisiana
Similar to Kentucky laws, medical malpractice claims in Louisiana must be filed within a year of the injury that led to cerebral palsy. A total of three years is given if the injury wasn’t discovered during the first initial year.
Maine
Maine statute of limitations allows three years from the time of the injury that led to cerebral palsy, or by the child’s sixth birthday to discover the injury Maine law also allows the case to be filed within three years of the child’s 18th birthday if the injury wasn’t discovered earlier.
Maryland
Maryland allows five years from the time of the injury that led to cerebral palsy to file a cerebral palsy lawsuit, or three years from the time the injury was discovered. If the injury isn’t discovered by the third year, plaintiffs have up until the child’s 11th birthday to file the case.
Massachusetts
Cerebral palsy lawsuits must be filed within three years from the time of the injury that led to the disorder. If the injury isn’t discovered within the three-year time period, state law allows up to the child’s 9th birthday to file the case.
Michigan
Michigan statute of limitations state that cases must filed within two years of the injury that caused the child’s cerebral palsy, or within six months after discovering the injury.
Minnesota
Cerebral palsy cases in Minnesota must be filed within four years from the time of the injury that caused cerebral palsy.
Mississippi
Cerebral palsy cases in Mississippi must be filed within two years from the time of the injury which led to cerebral palsy, or two years from the time the injury was discovered.
Missouri
Missouri cerebral palsy lawsuits must be filed within within two years from the date of the injury that caused the disorder or within two years from the date the injury was discovered, over a 10-year time period. Cases that are filed past the child’s 10th birthday will not be honored, but when the child becomes 18, they can file their own lawsuit before their 20th birthday.
Montana
Montana cerebral palsy lawsuits must be filed within three years from the time of the injury that caused the disorder or within three years of discovering the injury.
Nebraska
Cerebral palsy lawsuits must be filed within two years from the time of the injury that led to the disorder, or within one year from the time the injury was discovered.
Nevada
Nevada cerebral palsy lawsuits must be filed within three years from the time of the injury that led to the disorder or within three years from the time the injury was discovered.
New Hampshire
New Hampshire lawsuits must be filed within three years from the time of the injury that led to cerebral palsy or by three years from the time that the injury should have been reasonably discovered.
New Jersey
Cerebral palsy lawsuits in New Jersey t must be filed within two years from the date of the injury that led to the disorder, or within two years from the time the injury should have been reasonably discovered.
New York
New York cerebral palsy cases must be filed within two and a half years from the time of the injury that led to the disorder.
North Carolina
Cerebral palsy cases must be filed within three years from the time of the injury that caused the disorder or within three years from the time it should have been discovered. North Carolina allows a slight leeway in time for discovering the injury, to four years. Yet, no medical malpractice cases can be filed after the 4th year of the injury.
North Dakota
In North Dakota, cerebral palsy cases must be filed within two years from the time of the injury that cause the disorder,or within two years of discovering the injury. In certain situations, the state allows leeway for the discovery, but no cases can be filed after six years past the injury.
Ohio
Ohio cerebral palsy lawsuits must be filed within a year from the time of the injury or within a year from the time it should have been reasonably discovered. Children with cerebral palsy are eligible to file their own lawsuit once they turn 18, and the one-year time limit starts on their 18th birthday.
Oklahoma
Oklahoma cerebral palsy lawsuits must be filed within seven years from the date the injury occurred that led to cerebral palsy. The seven-year rule only applies to injuries caused to children ages 12 and under.
Oregon
Oregon cerebral palsy cases must be filed within two years from the time of the injury that led to the disorder or within two years from the time the discovery of the injury. I
Pennsylvania
Cerebral palsy lawsuits must be filed within two years from the date of the injury that caused the disorder or within two years from the time it should have been reasonably discovered.
Rhode Island
Cerebral palsy cases in Rhode Island must be filed within three years from the time of the injury that caused the disorder or within three years from the time of the discoverance of the injury.
South Carolina
South Carolina cerebral palsy lawsuits must be filed within three years from the time of the injury that led to the disorder or up to six years for the discovery period.
South Dakota
South Dakota cerebral palsy cases must be filed within two years from the time of the injury that caused the disorder.
Tennessee
Tennessee cerebral palsy lawsuits must be filed within a year of the injury that cause the disorder or within a year after discovering the injury.
Texas
In Texas, cerebral palsy cases must be filed within two years from the time of the injury that caused the disorder. Texas also allows children to file on their own behalf, but it must be done before their 14th birthday.
Utah
Cerebral palsy cases in Utah must be filed within two years of the time of the injury that led to the disorder or within two years of reasonable discovery. After four years from the time of the injury, no cerebral palsy medical malpractice cases will be honored.
Vermont
Lawsuits must be filed within three years from the time of the injury that caused the child’s cerebral palsy or within two years from the time the injury was discovered.
Virginia
Virginia lawsuits must be filed within two years from the date of the injury that caused cerebral palsy. Minors are allowed to file their own cerebral palsy lawsuits and have until their 10th birthday to do so.
Washington
Cerebral palsy lawsuits must be filed within three years from the time of the injury that led to the disorder or within a year after the injury was discovered. If parents don’t file a claim, children can file their own claim in Washington once they turn 18.
Washington D.C.
Washington D.C. cerebral palsy lawsuits must be filed within three years from the date of the injury that caused the disorder, or within three years from the date of the discovery of the injury.
West Virginia
West Virginia cerebral palsy cases must be filed within two years of the injury that led to the disorder, or within two years of the discovery of the injury.
Wisconsin
Wisconsin cerebral palsy cases must be filed within three years from the time of the injury that caused the disorder, or within one year from the time the injury was discovered.
Wyoming
Wyoming cerebral palsy cases must be filed withing two years from the time of the injury that led to the disorder, or within two years from the time the injury was discovered.