What is the statute of limitations for filing a birth injury lawsuit?
In Oregon, the statute of limitations for filing a birth injury lawsuit is two years from the date the injury occurred or two years from the date the injury was reasonably discovered. For minors under the age of 18, it can be two years from the date they turn 18. There is also a discovery rule which states that if an injury was not reasonably discoverable, the statute of limitations would be extended beyond two years. It is important to note that if the injury occurred in the course of providing medical care, there are other statutes of limitation that must be followed. These statutes are set by the state and can vary between Oregon counties. It is important to seek advice from a qualified lawyer before filing any lawsuit. Also, in some cases, a parent can file a birth injury lawsuit on behalf of their child. If the statute of limitations has already expired, a parent can still file a claim within two years after the minor reaches the age of 18. This is known as the “minor’s statute of limitations”. Finally, it is important to know that filing a birth injury lawsuit can be a long and complex process. It is essential to seek the advice of a qualified lawyer for advice and guidance. Your lawyer can assess the merits of your claim and help you understand your legal rights and options.
Related FAQs
What are the legal remedies for a birth injury?What kind of evidence is used to prove a birth injury claim?
What is the difference between a birth injury claim and a wrongful death lawsuit?
What is cerebal palsy and how can it be used in a birth injury claim?
What kinds of medical records can be used to prove a birth injury claim?
What is the value of a birth injury case?
What is the purpose of a standard of care in a birth injury case?
What are some common birth defects that can result in a birth injury lawsuit?
What is the “standard of care” for birth injury claims?
What is a fetal heart monitor strip and how can it be used in a birth injury claim?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023