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Birth Injury Time To File Injury Law
How quickly do I have to file a birth injury lawsuit?
Every state has its own laws that deal with time limitations in lawsuits. These time limits are called, in legal jargon, statutes of limitations. Because of statutes of limitation, you only have a certain amount of time to file a birth injury lawsuit. If you don’t get your lawsuit filed on time, you lose your right to sue. That is why it is important to contact a lawyer to discuss your claim the minute you suspect something went wrong during the birth of your child.
In many states, the statute of limitations is longer when the lawsuit involves an injured child. For example, in Texas, an adult victim of malpractice has two years to file suit, while a child under twelve has until the age of fourteen. In California, the statute of limitations begins to run after the plaintiff (the injured person suing) learns of possible wrongdoing. So even if a birth injury is discovered when someone is 16 years old, they have until they are 18 to file a lawsuit, as long as there is a good faith reason as to why it was not discovered earlier.
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