The judicial system allows parents to seek compensation if their child suffers a birth injury due to medical negligence. However, understanding the time limits for filing a lawsuit is crucial. The specified deadlines determine how long you have to take legal action after the injury occurs.
General statute of limitations
In Texas, the general statute of limitations for personal injury cases, including birth injuries, typically gives you two years from the date of the injury to file a lawsuit. However, birth injuries can be complex, and the full extent of the damage might not become apparent immediately. This can affect when the statute of limitations begins.
Exceptions for minors
Texas Civil Practice and Remedies Code, Section 16.001 includes special provisions for minors, which can extend the statute of limitations in some instances. If the injured child is under 18, the statute of limitations might not start until the child turns 18. This means parents or guardians could potentially have until the child turns 20 to file a lawsuit.
The importance of acting promptly
Although the statute of limitations provides a timeline for filing a lawsuit, proactively addressing the issue remains essential. Evidence can deteriorate over time, and witnesses’ memories may fade, making it harder to build a strong case.
Timing matters
Filing a lawsuit for a birth injury requires a clear understanding of the statute of limitations. Acting promptly ensures that your case stays on track and you don’t miss the opportunity to seek the compensation your child deserves.
