How Long Do You Have to Sue for a Birth Injury?

Monday, July 15, 2024

How Long Do You Have to Sue for a Birth Injury?

Written by Malman Law, reviewed by Steve J. Malman.

How Long Do You Have to Sue for a Birth Injury? A birth injury has a severe impact on the growth and development of an infant. For instance, a child who sustained cerebral palsy due to a delayed cesarean section may suffer paralysis on one side of their arm.

You may, therefore, be entitled to compensation to cover injury-related losses related to medical negligence. Even so, you could forfeit your right to compensation if you fail to act quickly. Illinois has a statute of limitations defining when you must sue for personal injuries.

Once the statute of limitations expires, you forfeit the opportunity to file a claim, assert your rights, or pursue compensation from the at-fault party.

Consult a trusted birth injury attorney in Chicago, Illinois, for legal advice on protecting your rights within legal timelines.

Is There a Time Limit To Sue for My Child’s Birth Injury?

Under the Illinois statute of limitations, you have two years from injury to file a birth-injury lawsuit. However, the specific circumstances of your personal injury lawsuit may warrant a different deadline.

Based on the statute of limitations guidelines, the clock begins to run on the date you sustain an injury. That said, you should have filed a child injury lawsuit by the second anniversary of the accident.

Many birth injuries fall under the category of medical malpractice, which has a unique interpretation of the timelines.

For a birth injury caused by medical malpractice, the statute of limitations begins to run when you:

• Became aware of the injury
• Should have known about the injury
• Received a written communication about the injury

Some patients do not discover their birth injuries right away, which gives them additional time to pursue compensation.

What Are the Possible Exceptions to the Statutes of Limitations on Birth Injury?

If you wait too long and miss the two-year deadline, you could miss your right to compensation. However, there are several expectations of the statute of limitations that can extend or shorten the filing window.

Here are the key exceptions:

Birth Injuries Involving Minors

If the injured person is under 18 years old, Illinois law ‘pauses’ the filing requirement until the 18th birthday of the victim, not when the injury occurs. Consequently, the injured minor has until their 20th birthday to file a birth injury lawsuit in Chicago, Illinois.

The exception acknowledges that minors lack the legal capacity to act on their own.

Cases Involving Injured Parties Who’re Mentally Disabled

In some cases, a birth injury victim might have a legal or mental disability at the time of injury that prevents them from understanding their rights or taking legal action. In such a situation, the filing window doesn’t begin until the disability ceases.

Claims Against Government Authorities

If your birth injury claim is against a city, county, or state government in Illinois, different rules apply. You have a limited time of a year to file these claims. You should, therefore, work with an experienced birth injury attorney since government liability claims apply strict requirements.

A Birth Injury That’s Not Immediately Apparent

Sometimes, an injured victim may not realize they suffered a birth injury right away or might not realize someone’s action contributed to their injury. The filing window commences when the person discovers or should have discovered the injury and its cause.

Wrongful Death

Sometimes, a birth injury may lead to the eventual demise of the victim. In these cases, the family or representative of the deceased has two years from the date of death to file a lawsuit, regardless of when the injury occurred.

Compensation for Birth Injuries

You can obtain three types of compensation following a birth injury: economic damages, non-economic damages, and punitive damages.

Here’s a detailed brief of the damages:

Economic Damages

Economic damages are the main costs related to a birth injury case. These damages are the direct expenses a victim incurs because of an accident. A negligent healthcare provider or health institution pays the economic damages sustained by the victim.

Here’s a list of economic damages you can recover in a birth injury claim:

• Medical Expenses: Medical expenses form a substantial part of losses sustained by a birth injury victim. Some medical expenses you can recover in a birth injury case include ambulance services, medications, medical equipment, diagnostic tests, surgeries, hospitalization, and emergency room charges.
• Lost Wages and Benefits: You are entitled to compensation for your past and future earnings because of an accident or injury. You may also be entitled to compensation if a birth injury leads to a reduction of earnings.
• Out-of-Pocket Expenses: You’re also entitled to reimbursement for other expenses related to the birth injury. Examples of out-of-pocket costs include unique medication and supplies, travel expenses to and from medical appointments, assistance with household chores or child care, and modifications of your car or home because of disability.

Non-Economic Damages

When a birth injury occurs, you don’t just lose money because of medical care expenses or missed income due to the inability to work. You should be compensated for other losses without a direct dollar value.

Non-economic damages provide you with compensation for other intangible losses that occur due to your injury. There are many types of non-economic damages you can pursue depending on the facts and circumstances of your birth injury, including:

• Pain and suffering
• Emotional anguish
• Loss of consortium
• Loss of enjoyment of life
• Permanent disfigurement

Punitive Damages

A judge or jury can award punitive damages in your birth injury claim. The role of punitive damages is to punish a significantly or grossly negligent medical professional who substantially deviated from acceptable medical practices or intentionally caused a birth injury.

Get Legal Assistance From an Experienced Birth Injury Attorney

A birth injury often inflicts long-term or permanent damage to the child or their mother. In addition, they are likely to endure a reduced quality of life while coping with the injury or inability to work.

Therefore, you deserve help from an experienced attorney like Malman Law, who has a proven track record of winning birth injury cases.

Contact us online or at (312) 629-0099 for a free, no-obligation consultation.