Cerebral Palsy Statute of Limitations

Fact Checked

The cerebral palsy statute of limitations is a state-by-state law that limits the time you can file a lawsuit over medical malpractice. If you feel your child’s cerebral palsy was caused by negligence, you might want to sue the responsible medical professionals. Understand the law in your state so that you don’t miss the deadline for filing.

What Is a Cerebral Palsy Statute of Limitations?

The statute of limitation is a time limit for the plaintiff to file a case for medical malpractice against the defendant. Each state has its own rules regarding the statute of limitations.[1]

There are also discovery rules, which outline a time limit that begins not when the malpractice occurred but when the plaintiff discovered or should reasonably have discovered it.

The statute of repose is a hard deadline for filing a lawsuit, even if using the discovery rule. Some states also allow for exceptions and extended time limits for minors, which is critical in cerebral palsy cases.

Statute of Limitations for Cerebral Palsy Cases by State

Alabama

Cerebral palsy cases in Alabama must be filed within two years of the negligent incident or six months from the time of the discovery of the injury that led to the child’s cerebral palsy. Alabama also allows minors harmed under the age of four to extend the deadline to their eighth birthday.

Alaska

Alaska requires that cerebral palsy lawsuits be filed within two years of the injury that led to the disorder. Alaska also honors the discovery rule, meaning the two-year statute of limitations began 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 be filed within two years of the injury that led to the disorder or one year from the time it was discovered. Minors can file until their 11th birthday.

California

In California, cerebral palsy lawsuits must be filed within three years of the injury that caused the disorder or one year from its discovery.

Colorado

Medical malpractice cases in Colorado must be filed within three years of the malpractice occurring or two years after it was discovered. A lawsuit on behalf of a child who suffered from medical malpractice before the age of six must be filed by the child’s eighth birthday.

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 or two years from when it was discovered. You cannot file a lawsuit more than three years after the incident.

Delaware

Delaware allows two years from the time of the injury that caused the cerebral palsy case to be filed. If you were unaware of the injury that caused the cerebral palsy until the disorder was diagnosed, Delaware honors the discovery rule. It allows up to three years to file the lawsuit.

Florida

Florida cerebral palsy cases must be filed within two years of the incident or when it was discovered. An exception for minors allows them to file up to their eighth birthday.

Georgia

Cerebral palsy cases must be filed within two years of the injury that led to the diagnosis. If the injury could not have been discovered within those two years, the statute of limitations is extended to five years. 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 of the diagnosis. If the disorder is not discovered within two years of the child’s birth, the statute of limitations extends until six years from the incident.

Idaho

Cerebral palsy lawsuits in Idaho must be filed within two years from the time of the injury that led to cerebral palsy. The time limit may be extended for minors but cannot be filed more than six years after the incident.

Illinois

The Illinois statute of limitations states that medical malpractice cases must be filed within two years of the injury that led to the child’s development of cerebral palsy. You can also have two years from when you discovered the incident. For minors, the deadline extends to their eighth birthday.

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 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. The statute of repose states that a lawsuit cannot be filed more than six years after the incident. 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 states that cerebral palsy claims must be filed within two years from the time the injury occurred that led to the disorder. If the damage isn’t discovered within two years, that state allows up to four years.

Kentucky

Kentucky’s statute of limitations allows just one year from the time an injury occurred that led to cerebral palsy. The discovery rule allows for filing up to five years from the incident if it could not have reasonably been discovered sooner.

Louisiana

Similar to Kentucky laws, medical malpractice claims in Louisiana must be filed within a year of the injury that led to cerebral palsy. If the damage wasn’t discovered during the first year, the deadline can be extended to three years from the incident.

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. A child can also have three years from their 18th birthday if the injury could not have been discovered earlier. Maine’s discovery rule is only for minors.

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.

Massachusetts

Cerebral palsy lawsuits must be filed within three years from the time of the injury or its discovery. The statute of repose limits any lawsuit to seven years from the time of the injury.

Michigan

Michigan statute of limitations states that cases must be filed within two years of the injury that caused the child’s cerebral palsy or within six months after discovering the injury. The statute of repose is a hard deadline of six years from the incident.

Minnesota

Cerebral palsy cases in Minnesota must be filed within four years from the time of the injury that caused cerebral palsy. Minors can have until the age of majority but no longer than seven years after the incident occurred.

Mississippi

In Mississippi, cerebral palsy cases must be filed within two years of the injury that caused them or two years from the time the injury was discovered. The statute of repose is seven years.

Missouri

Missouri 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 date the injury was discovered. Minors can file up to their 20th birthday.

Montana

Montana cerebral palsy lawsuits must be filed within two years from the time of the injury that caused the disorder or within three years of discovering the injury. There is a hard deadline of five years after 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. For minors, the time limit begins on their 21st birthday.

Nevada

Nevada cerebral palsy lawsuits must be filed within three years of the injury that caused the disorder or within one year of the injury’s discovery.

New Hampshire

New Hampshire lawsuits must be filed within three years 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

In New Jersey, cerebral palsy lawsuits 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. Exceptions for minors allow for filing up to their 13th birthday.

New Mexico

The statute of limitations on most medical malpractice cases in New Mexico is three years from the incident’s occurrence. The state makes an exception for minors, who have one year from their 18th birthday to file a lawsuit.

New York

New York cerebral palsy cases must be filed within two and a half years from the time of the injury. An exception for minors allows ten years to file.

North Carolina

Cerebral palsy cases must be filed within three years from the time of the injury that caused the disorder or within one year of when it should have been discovered. North Carolina’s statute of repose is four years. Exceptions may be made for minors.

North Dakota

In North Dakota, cerebral palsy cases must be filed within two years of the injury that causes the disorder or within two years of discovering the damage. No cases can be filed after six years past the injury. Minors may have up to 12 years to file.

Ohio

Ohio cerebral palsy lawsuits must be filed within a year of the injury or within a year from when it should have been reasonably discovered. The statute of repose is four years.

Oklahoma

Oklahoma cerebral palsy lawsuits must be filed within two years of the incident or its discovery. Minors can file until their 12th birthday.

Oregon

Oregon cerebral palsy cases must be filed within two years of the injury that led to the disorder or of the discovery of the injury. The hard deadline is five years from the incident, but minors can file up to one year past their 18th birthday.

Pennsylvania

Cerebral palsy lawsuits must be filed within two years of the harm that caused the disorder or within two years from when 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 discovering 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 causes the disorder or within a year after discovering the injury. The statute of repose is three years from the time of the injury.

Texas

In Texas, cerebral palsy cases must be filed within two years of the injury that caused the disorder. Texas also allows children to file a claim on their 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. The hard deadline is four years from the injury.

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. The statute of limitations is seven years from the time of the injury.

Virginia

Virginia lawsuits must be filed within two years from the date of the injury that caused cerebral palsy. The discovery law allows for up to one year after the injury was discovered, with a hard deadline of ten years from the time of the incident.

Washington

Cerebral palsy lawsuits must be filed within three years of the injury that led to the disorder or within a year after the damage was discovered. Minors have within a year of their 18th birthday to file. There is no statute of repose in Washington.

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 time 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. Minors can file up to their 12th birthday with a statute of repose of 10 years.

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. The statute of repose is five years. Minors may have until their 10th birthday to file.

Wyoming

Wyoming 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 injury was discovered. Minors can file up to their eighth birthday.

An experienced cerebral palsy lawyer in your state can help you file your lawsuit and ensure you meet all deadlines.