Cerebral Palsy Statute of Limitations

What Is the Cerebral Palsy Lawsuit Statute of Limitations?

The cerebral palsy lawsuit statute of limitations refers to how long you have to file a birth injury claim for malpractice. Time limits vary by state, and once the deadline in your case passes, you won’t be able to take legal action again.

The clock usually starts ticking on the date of a child’s injury or when they’re diagnosed with CP. Filing a cerebral palsy lawsuit may allow you to hold negligent health care providers accountable — and seek compensation for your child’s care.

In most states, the statute of limitations for cerebral palsy ranges from 1 to 3 years. For instance, Ohio may only give families 1 year to file, while Florida gives 2 years, and Massachusetts allows up to 3 years.

The cerebral palsy statute of limitations can be complex, and exceptions may apply. It’s important to work with a knowledgeable CP lawyer who can file your claim on time.

At Sokolove Law, we have over 45 years of experience successfully handling cerebral palsy cases. Contact us now to get started before the deadline.

Cerebral Palsy Statutes of Limitations in All 50 States

Our cerebral palsy lawyers are familiar with the statutes of limitations in every state. We can help families across the country take legal action before the deadline in their case.

It’s important to remember that, in addition to the deadlines set by state laws, other factors and circumstances may affect your timeline for filing a cerebral palsy claim.

Find out more about the cerebral palsy statutes of limitations in all 50 states.

Even if you think the deadline in your case has passed, it’s still worth reaching out to our team. There may be exceptions that apply to your case and give you more time to pursue compensation.

The average cerebral palsy settlement is around $1 Million, which can help with your child’s medical expenses, therapies, and more. Don’t miss out on the money your family deserves.

What Determines the Statute of Limitations on Cerebral Palsy Claims?

While the statute of limitations for cerebral palsy claims is primarily determined by state laws, other factors may also affect the time limit that applies in your case.

The statute of limitations on cerebral palsy claims is influenced by when:

• The injury occurred: The clock may start ticking once your child was first injured, which can be before, during, or shortly after their birth.
• Your child received a CP diagnosis: In some cases, the impact of a birth injury may not be discovered until years later, when a child starts experiencing developmental delays and is diagnosed with CP.

Under the discovery rule, the cerebral palsy lawsuit statute of limitations may begin when the child’s injury is discovered or should’ve reasonably been discovered — not necessarily when it occurred. This can give families additional time to file if the injury’s effects weren’t immediately apparent.

Our CP lawyers can determine the deadline that applies in your case and work to seek justice on your behalf before the cerebral palsy lawsuit statute of limitations has passed.

Our Past Cerebral Palsy Payouts

At Sokolove Law, we’ve recovered more than $1 Billion for families impacted by birth injuries, including cerebral palsy.

Some of our past cerebral palsy payouts include: 

• Over $10.4 Million for a family in Pennsylvania
• $9 Million to a 5-year-old in Colorado
• $8 Million for a North Carolina family impacted by CP
• $7 Million to an Illinois family
• $6.5 Million for a Washington child deprived of oxygen due to a delayed delivery
• $5.5 Million for an Oklahoma family
• $2.4 Million for a child in Massachusetts
• $5.9 Million to a child who received delayed medical care in Texas
• $6 Million for a New York child with CP from untreated jaundice
• $7.8 Million to a Florida child who was injured at birth
• $8.8 Million for an Ohio family whose child experienced severe fetal distress

“Our son was in the birthing canal for more than 10 minutes without oxygen, and he was put on life support. Miraculously, he lived but was diagnosed with CP. He cannot swallow or hold his head up. The compensation we received will provide care for his whole life.”
– Alaska Parent & Firm Client

While there’s never a guarantee of compensation in any case, our cerebral palsy lawyers will fight hard to get you everything you’re entitled to.

With CP lawsuit settlements awarding over $1 Million on average, these payouts can help families afford medical care, educational support, therapies, and other services to improve a child's quality of life.

Understanding CP & Medical Malpractice

Cerebral palsy may be caused by medical malpractice if a doctor, midwife, or other medical professional makes an error that injures a baby before, during, or shortly after birth.

CP medical malpractice may involve health care workers not:

• Noticing or treating jaundice, which may result in a type of brain damage known as kernicterus
• Ordering a C-section for a difficult delivery, causing the child to become stuck in the birth canal
• Setting up the delivery room in a timely manner, potentially leading to oxygen deprivation or delayed care
• Using assisted delivery devices like forceps or vacuum extractors properly, leading to injuries like brain bleeds and skull fractures

At Sokolove Law, we have registered nurses on staff who can listen to your story and help you determine if malpractice may have played a role in your child’s condition.

How Do I Know If I Can File a Claim?

To find out if you may be able to file a cerebral palsy claim on behalf of your child, contact us for a free case review. 

Our team of nurses will ask you a few questions about the pregnancy, delivery, and the child’s condition to figure out whether medical malpractice may have occurred.

If you have a case, our team can help you file a claim and seek compensation. We’ll handle every step of the legal process on your behalf, so you can focus on caring for your child.

Get Help Before the CP Lawsuit Deadline

As a national cerebral palsy law firm, Sokolove Law can help families in all 50 states take legal action before the CP lawsuit deadline.

Find out why parents and guardians choose Sokolove Law:

• More than 45 years of experience handling CP lawsuits
• No upfront costs or hourly fees to work with our firm
• Over $1 Billion secured in birth injury compensation

Call (800) 995-1212 now or fill out our contact form. We may be able to help you seek justice before the cerebral palsy lawsuit statute of limitations in your case has passed.

Cerebral Palsy Lawsuit Statute of Limitations FAQs