What is the Erb's palsy statute of limitations?
The Erb's palsy statute of limitations is the legal deadline for filing a lawsuit if a medical mistake caused brachial plexus nerve damage to a newborn.
Each state sets its own time limit. Missing this deadline means losing your right to seek financial support through an Erb's palsy lawsuit.
In most cases, Erb’s palsy and other brachial plexus injuries are noticeable at birth, but parents may not immediately know medical negligence was the cause.
Some states extend the deadline if the injury is discovered later or if new evidence becomes available, but these exceptions are limited. That’s why it’s critical to understand your legal deadline as soon as possible.
If your child experienced a difficult birth or shows signs of Erb’s palsy, you don’t need a formal diagnosis to explore your legal options.
Skilled lawyers at Erb’s palsy law firms can review your situation and help determine if medical negligence played a role. They can guide you through the legal process while they fight to get maximum compensation for your family.
Cerebral Palsy Guide works with an extensive network of top attorneys who understand the Erb's palsy statute of limitations in all 50 states. Our legal partners have secured over $1 billion for preventable birth injuries, including brachial plexus damage.
Acting before your unique Erb's palsy 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 Erb’s palsy attorney can help ensure your case is filed on time.
We work with birth injury lawyers in all 50 states who can help you take action no matter where you live or where the malpractice occurred.
Here is the 2025 Erb's palsy 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 Erb’s palsy lawsuits are filed this way. Additionally, the Erb's palsy statute of limitations can change and may vary based on the type of legal action or state-specific exceptions.
Understanding your state’s statute of limitations for birth injury is critical — missing it could mean losing your right to seek compensation. Experienced personal injury lawyers understand the Erb's palsy statute of limitations and can help ensure your case is filed on time.
If you believe medical negligence contributed to your baby’s condition, 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 Erb's palsy statute of limitations
The Erb's palsy 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.
- Discovery rule: Certain states start the deadline when the injury is diagnosed instead of at birth.
- Filing rules by state: Each state sets its own deadline for filing an Erb’s palsy lawsuit.
- Tolling for minors: Some states extend the deadline, allowing children to file as adults.
- Wrongful death: When there is a tragic loss of life, claims often have shorter filing deadlines than other cases.
Learn more about what influences the Erb's palsy statute of limitations below.
Erb's palsy statute of limitations for parents
Parents or legal guardians typically have 2–3 years from the date of injury to file an Erb’s palsy lawsuit. Some states extend this deadline under the discovery rule if the injury wasn’t immediately obvious.
- Emotional suffering caused by the brachial plexus injury
- Lost wages if a parent had to stop working
- Medical care, including long-term Erb’s palsy treatment
- Other damages related to Erb’s palsy
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 Erb's palsy statute of limitations.
Erb's palsy statute of limitations for children harmed
Some states pause (toll) the deadline for Erb’s palsy lawsuits filed on behalf of a child. This means the statute of limitations may not begin until the child turns 18 or 21, depending on state law.
Even if extra time is available, filing sooner is best. Waiting too long can make it harder to access medical records, witness testimony, and other crucial evidence. An Erb’s palsy lawyer can help determine how much time you have to take legal action.
See if we can help — get a free case review right now.
What is the reason for an Erb's palsy statute of limitations?
The Erb's palsy statute of limitations ensures that legal claims are filed within a reasonable timeframe while evidence is still available and reliable.
- Ensure families can access compensation without unnecessary delays
- Preserve medical records and key documents needed to prove negligence
- Prevent indefinite delays that could make it harder to determine what happened
- Secure accurate testimony from doctors, nurses, and other witnesses
Without an Erb's palsy statute of limitations, lawsuits could be filed decades after an injury, making it nearly impossible to gather evidence.
While specific deadlines vary by state, the goal remains the same — to protect the rights of injured children and ensure a fair legal process.
How a lawyer helps with the Erb's palsy statute of limitations
An Erb's palsy 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 Erb's palsy statute of limitations expires is crucial, 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 nerve injury was discovered, and whether exceptions apply.
- Gathering critical evidence: Legal teams collect medical records, expert testimony, and other key documents while they are still available.
- Handling legal filings: An Erb’s palsy 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 Erb's palsy 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 Erb's palsy statute of limitations
If you believe medical malpractice caused your child’s Erb’s palsy, you have a limited time to take legal action. The Erb’s palsy statute of limitations sets a strict deadline, and missing it could mean losing your right to seek compensation forever.
An experienced attorney can determine your Erb's palsy statute of limitations, gather critical evidence, and take action before time runs out.
Cerebral Palsy Guide partners with top birth injury lawyers who can help families in all 50 states. If you qualify, they will handle the legal process and fight for the Erb’s palsy compensation your family deserves.
Our legal partners have secured more than $1 billion for families affected by avoidable 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.
