How Long Do You Have to Sue for a Birth Injury?
You only have a limited amount of time to sue for a birth injury due to state laws called statutes of limitations. Once this deadline passes, you won’t be able to seek compensation for your child’s injury again.
By filing a birth injury lawsuit within the statute of limitations, you may be able to pursue compensation that can help pay for medical bills, assistive devices, lost wages, and more.
Birth injury statutes of limitations:
- Vary depending on the state
- Typically range from 1 to 3 years
- May start after the injury takes place or when it’s discovered
It’s important to contact our team right away, even if your child doesn’t have a diagnosis yet. Some conditions may take years to fully appear, but we have registered nurses on staff who can help spot the signs sooner.
At Sokolove Law, we’ve secured over $962 Million for families impacted by birth injuries. Don’t wait until it’s too late — contact our team now.
Birth Injury Lawsuit Statutes of Limitations in All 50 States
Each state has its own specific laws that determine how long you have to take legal action for a birth injury. However, some exceptions may grant families more time to file in some states.
Different laws in each state can influence the statute of limitations, making it difficult to know the exact time in each case. By contacting an attorney, you can make sure your claim is filed in time.
Find out the birth injury lawsuit statutes of limitations in each state below.
| State | Birth Injury Statute of Limitations |
|---|---|
| Alabama | 2 years |
| Alaska | 2 years |
| Arizona | 2 years |
| Arkansas | 2 years |
| California | 1-3 years |
| Colorado | 2 years |
| Connecticut | 2 years |
| Delaware | 2-3 years |
| Florida | 2 years |
| Georgia | 2 years |
| Hawaii | 2 years |
| Idaho | 2 years |
| Illinois | 2 years |
| Indiana | 2 years |
| Iowa | 2 years |
| Kansas | 2 years |
| Kentucky | 1 year |
| Louisiana | 1 year |
| Maine | 3 years |
| Maryland | 3-5 years |
| Massachusetts | 3 years |
| Michigan | 2 years |
| Minnesota | 4 years |
| Mississippi | 2 years |
| Missouri | 2 years |
| Montana | 2 years |
| Nebraska | 2 years |
| Nevada | 3 years |
| New Hampshire | 3 years |
| New Jersey | 2 years |
| New Mexico | 3 years |
| New York | 2.5 years |
| North Carolina | 3 years |
| North Dakota | 2 years |
| Ohio | 1 year |
| Oklahoma | 2 years |
| Oregon | 2 years |
| Pennsylvania | 2 years |
| Rhode Island | 3 years |
| South Carolina | 3 years |
| South Dakota | 2 years |
| Tennessee | 1 year |
| Texas | 2 years |
| Utah | 2 years |
| Vermont | 3 years |
| Virginia | 2 years |
| Washington | 3 years |
| West Virginia | 2 years |
| Wisconsin | 3 years |
| Wyoming | 2 years |
Even if you think it's too late, many states may have laws that can provide parents with more time to file a birth injury lawsuit. Our attorneys are familiar with the statutes in each state and can work to file your claim in time.
Contact our team to get started now. The average settlement for birth injuries is around $1 Million, which can be life-changing for many families.
Factors Impacting the Statute of Limitations on Birth Injury Claims
In addition to the state where your lawsuit is filed, the statute of limitations on birth injury claims may be impacted by a few other factors:
- If the injury is discovered later: In certain states, the deadline may start when the child’s injury is identified, not when they were first harmed.
- If health care workers hide evidence: Some medical professionals may try to intentionally conceal information about what happened to your child during the delivery process. This can impact the timeline for filing a claim, potentially extending the statute of limitations.
Our experienced birth injury attorney can help you navigate these complex situations and ensure your rights are protected.
“Our daughter's traumatic birth left us devastated. She faces numerous issues, and I can't work as I need to care for her. Sokolove Law stepped in and helped us fight for justice. With their help, we can breathe a little easier, knowing our daughter's needs will be met.”
– Sokolove Law Birth Injury Client
How Filing a Birth Injury Claim Works
The parents or guardians of a child injured before, during, or shortly after birth may be able to file a claim for compensation.
At Sokolove Law, we understand the emotional and financial challenges that come with a birth injury. That’s why we handle every step in the legal process, so you can focus on what matters most — caring for your child.
The process typically involves your legal team:
- Providing a free case review to determine if you may be eligible to take legal action
- Gathering evidence to show your child’s injury was caused by malpractice or negligence
- Filing your lawsuit before the birth injury statute of limitations
- Negotiating a settlement or pursuing a trial verdict on your behalf
With our birth injury lawyers by your side, we’ll help uncover the truth about your child’s injury and fight for the justice your family deserves.
“Our team talks with families to determine what happened. We work closely with our experts who will form opinions on that and then we present that evidence to whoever the defendants are in the case.”
– Ricky LeBlanc, Managing Attorney at Sokolove Law
No Hourly Fees or Upfront Costs
There are no upfront costs or hourly fees to work with our birth injury attorneys. This allows you to take legal action without any financial risk.
We only get paid if your case results in compensation. Otherwise, you pay nothing.
Call (800) 995-1212 now to see if we can help you pursue compensation. Don’t miss your chance for justice.
Our Past Birth Injury Results
As of December 2024, Sokolove Law has recovered nearly $1 Billion in birth injury settlements and verdicts for families nationwide. This money has helped many children receive the care and resources they deserve.
Some of our past birth injury results include:
- $10.5 Million to a Missouri child with cerebral palsy from malpractice
- $8 Million for a child who suffered a vacuum extractor injury
- $7.8 Million to a Florida family whose child developed cerebral palsy
- $6 Million for a child in New York with untreated jaundice
- $5 Million in Erb’s palsy compensation for a Connecticut family
- $4.5 Million to the family of a child in Illinois with Erb’s palsy
- $5.9 Million for a child in Texas who experienced oxygen deprivation
- $8.8 Million in cerebral palsy compensation to an Ohio family
- $9.67 Million for a Massachusetts child injured during delivery
While there’s never a guarantee of compensation, our birth injury lawyers will fight hard to get you everything you’re entitled to.
Act Fast Before the Birth Injury Lawsuit Deadline Passes
As a national birth injury law firm, Sokolove Law can help families in all 50 states seek compensation before the deadline in their case passes.
Our team has recovered more than $962 Million for children injured at birth.
There are no out-of-pocket costs to work with our team, allowing families to take legal action without any financial risk.
Don’t wait until it’s too late. Call (800) 995-1212 now or fill out our contact form to get started with a free case review.
Birth Injury Statute of Limitation FAQs
What is considered a birth injury?
A birth injury is any harm suffered by a baby before, during, or shortly after birth. These injuries are often caused by a health care worker’s mistake and may include:
- Bleeding in the brain
- Brachial plexus injury
- Brain damage or swelling
- Cephalohematoma
- Cerebral palsy (CP)
- Erb’s palsy
- Facial nerve injury or paralysis
- Fetal distress or lack of oxygen in the brain
- Forceps or vacuum extraction injuries
- Hypoxic ischemic encephalopathy (HIE)
- Intracranial hemorrhages
- Jaundice and kernicterus
- Necrotizing enterocolitis (NEC)
- Nerve damage
- Shoulder dystocia
- Skull fractures or bone fractures
- Spinal cord injuries
- Umbilical cord strangulation
If your child’s injury was the result of medical negligence or malpractice, you may be eligible for compensation from a birth injury lawsuit.
Get a free case review now to find out if you qualify.
What is the statute of limitations on birth injury claims?
The statute of limitations on birth injury claims is typically 1-3 years after the injury occurred or was discovered, though it varies by state.
Call (800) 995-1212 now. Once the deadline in your case passes, you won’t be able to pursue compensation for your child’s injury again.
What is the cerebral palsy lawsuit statute of limitations?
The cerebral palsy lawsuit statute of limitations can be as short as 1 year in some states, so it’s important to contact a birth injury law firm as soon as you begin to notice signs of this condition in your child.
We may be able to help you get started with the legal process even if your child hasn’t received an official diagnosis yet.
How much is birth injury compensation?
Birth injury compensation is around $1 Million on average, though we’ve secured far more for many clients.
How much you may get depends on several factors, like the severity of your child’s injury, its long-term impact on their life, and any related medical bills.
Contact our team now to see if we can fight for the money you deserve. It costs nothing to speak with us.
What are the birth injuries due to negligence?
Birth injuries caused by medical negligence can include brain damage, bone fractures, nerve damage, and more.
These injuries may occur if a health care provider:
- Doesn’t properly monitor the baby for fetal distress
- Fails to order a C-section when necessary
- Incorrectly uses a vacuum extractor or forceps
- Uses excessive force during delivery
Call (800) 995-1212 now if your child suffered a birth injury. We can help you figure out if the injury may have been caused by malpractice.
How much do birth injury lawyers cost?
At Sokolove Law, there are no upfront costs or hourly fees to work with our birth injury lawyers.
We operate on a contingency-fee basis, which means you pay nothing unless we secure compensation for you.
