What is the birth injury statute of limitations?
The birth injury statute of limitations is the legal deadline for filing a lawsuit if a medical mistake caused harm to a newborn. Each state sets its own time limit. Missing this deadline means losing your right to seek financial support through a birth injury lawsuit.
In many cases, parents may not immediately realize their child’s birth injury was caused by negligence. As a result, some states allow extra time if the injury wasn’t discovered right away, but these exceptions are limited. That’s why it’s important to understand your deadline as soon as possible.
If your child’s birth was difficult or you suspect they were harmed, you don’t need a diagnosis to explore your legal options.
A birth injury lawyer can review your situation and help determine if medical negligence played a role. They can make the legal process as stress-free as possible while they fight to get maximum compensation for your family.
Cerebral Palsy Guide works with an extensive network of top attorneys who understand the birth injury statute of limitations in all 50 states. Our legal partners have secured over $1 billion for preventable birth injuries.
Acting before your unique birth injury statute of limitations expires is critical. Our team may be able to help you determine how much time you have to file.
Find out if we can help your family — get a free legal case review right now.
Statute of limitations for birth injury by state: 2025 update
The deadline to file your lawsuit is typically based on the state where the medical negligence occurred. Since every state has different laws, consulting an attorney can help ensure your case is filed on time.
We work with birth injury lawyers in all 50 states and can help you take action no matter where you live or where the malpractice occurred.
Here is the 2025 birth injury statute of limitations guide by state:
| State | Birth Injuries | Wrongful Death |
|---|---|---|
| Alabama | 2 years | 2 years |
| Alaska | 2 years | 2 years |
| Arizona | 2 years | 2 years |
| Arkansas | 2 years | 3 years |
| California | 1 year | 2 years |
| Colorado | 2 years | 2 years |
| Connecticut | 2 years | 2 years |
| Delaware | 2 years | 2 years |
| District of Columbia | 3 years | 2 years |
| Florida | 2 years | 2 years |
| Georgia | 2 years | 2 years |
| Hawaii | 2 years | 2 years |
| Idaho | 2 years | 2 years |
| Illinois | 2 years | 2 years |
| Indiana | 2 years | 2 years |
| Iowa | 2 years | 2 years |
| Kansas | 2 years | 2 years |
| Kentucky | 1 year | 1 year |
| Louisiana | 1 year | 1 year |
| Maine | 3 years | 2 years |
| Maryland | 3 years | 3 years |
| Massachusetts | 3 years | 3 years |
| Michigan | 2 years | 2 years |
| Minnesota | 4 years | 3 years |
| Mississippi | 2 years | 2 years |
| Missouri | 2 years | 2 years |
| Montana | 2 years | 3 years |
| Nebraska | 2 years | 2 years |
| Nevada | 3 years | 2 years |
| New Hampshire | 3 years | 3 years |
| New Jersey | 2 years | 2 years |
| New Mexico | 3 years | 3 years |
| New York | 2.5 years | 2 years |
| North Carolina | 3 years | 2 years |
| North Dakota | 2 years | 2 years |
| Ohio | 1 year | 2 years |
| Oklahoma | 2 years | 2 years |
| Oregon | 2 years | 3 years |
| Pennsylvania | 2 years | 2 years |
| Rhode Island | 3 years | 3 years |
| South Carolina | 3 years | 3 years |
| South Dakota | 2 years | 2 years |
| Tennessee | 1 year | 1 year |
| Texas | 2 years | 2 years |
| Utah | 2 years | 2 years |
| Vermont | 3 years | 2 years |
| Virginia | 2 years | 2 years |
| Washington | 3 years | 3 years |
| West Virginia | 2 years | 2 years |
| Wisconsin | 3 years | 3 years |
| Wyoming | 2 years | 2 years |
These deadlines apply to medical malpractice cases, as most birth injury claims are filed this way. Additionally, the birth injury statute of limitations can change and may vary based on the type of legal action or state-specific exceptions.
Understanding your state’s birth injury statute of limitations is critical — missing it could mean losing your right to seek compensation. Experienced personal injury lawyers understand the statute of limitations and can help ensure your case is filed on time.
If you believe medical negligence caused your baby’s injury, we may be able to help. Call us at (855) 220-1101 or Click to Live Chat to connect with a trained patient advocate.
Factors that affect the birth injury statute of limitations
The birth injury statute of limitations depends on who is filing the claim and when the injury was recognized. Acting quickly can help protect your right to compensation.
- State-specific laws: Each state sets its own time limit for filing a birth injury lawsuit.
- Discovery rule: In some cases, the deadline starts when the condition is diagnosed rather than at birth.
- Extended time for minors: Some states allow children to file a claim once they reach adulthood.
- Wrongful death cases: Lawsuits for fatal birth injuries may have a shorter filing deadline than other claims.
Learn more about what influences the birth injury statute of limitations below.
Birth injury statute of limitations for parents
Parents or legal guardians typically have 2–3 years from the date of injury to file a birth injury lawsuit. Some states extend this deadline under the discovery rule if the injury wasn’t immediately obvious.
- Lost wages if a parent had to stop working
- Medical care, including long-term treatment
- Pain and suffering caused by the birth injury
- Other damages related to the condition
Since exceptions are limited, speaking with an attorney as soon as possible is the best way to ensure you don’t miss your family’s statute of limitations for birth injury.
Statute of limitations for birth injury for children harmed
Some states pause (toll) the deadline for birth injury lawsuits filed on behalf of a child. This means the statute of limitations for birth injury may not begin until a child turns 18 or 21, depending on the state.
Even if extra time is available in your case, filing right away is best. Waiting too long can make it harder to get medical records and other important evidence. A birth injury attorney can explain how these deadlines apply to your case.
See if we can help you determine which legal deadlines may apply to your case — get a free case review right now.
What is the reason for a birth injury statute of limitations?
The birth injury statute of limitations exists to ensure that legal claims are filed within a reasonable timeframe while evidence is still available and reliable.
- Allow timely compensation so families can access money without unnecessary obstacles
- Ensure accurate testimony from doctors, nurses, and other witnesses
- Preserve medical records and other key documents needed to prove negligence
- Provide fairness for both families and medical providers by preventing indefinite delays
Without a statute of limitations, cases could be filed decades after an injury, making it nearly impossible to gather evidence or determine what happened during birth.
The specific time limit varies by state, but the goal remains the same — to create a fair legal process while protecting the rights of injured children and their families.
How a lawyer helps with the birth injury statute of limitations
A birth injury lawyer ensures your case is filed on time by identifying the correct deadline and handling the legal process for you.
Filing your birth injury lawsuit before the statute of limitations expires is critical, but determining the exact deadline can be complicated.
- Assessing legal deadlines: They determine how much time you have based on your state’s laws, when the injury was discovered, and whether exceptions apply.
- Gathering critical evidence: Legal teams collect medical records, expert testimony, and other key documents before they become difficult to access.
- Handling legal filings: A lawyer will file your lawsuit correctly and within the deadline to avoid delays or case dismissal.
- Pursuing maximum compensation: They calculate damages, including medical costs, long-term care, and more, fighting for a strong birth injury settlement or verdict.
Because missing the statute of limitations for birth injury could mean losing your right to seek compensation, connecting with a skilled lawyer as soon as possible is the best way to protect your legal rights.
File your claim before your birth injury statute of limitations
If you believe medical malpractice caused your child’s birth injury, time is limited to take legal action. The birth injury statute of limitations sets a strict deadline, and missing it could mean losing your right to seek compensation.
An experienced attorney can determine your statute of limitations for birth injury. They can gather essential evidence, and take action before time runs out.
Cerebral Palsy Guide partners with leading birth injury lawyers who can help families in all 50 states. If you qualify, they will handle the legal process and fight for the compensation your family deserves.
Our legal partners have secured more than $1 billion for families affected by preventable birth injuries, and they may be able to help your family, too.
Call us right now at (855) 220-1101 or fill out our case review form to learn more about taking legal action while there's still time.
