What is the statute of limitations for filing a birth injury lawsuit?

In Texas, the statute of limitations for filing a birth injury lawsuit is two years. This means that a person has two years from the moment the injury occurred to file a lawsuit. Any lawsuit filed after this two-year period will be dismissed. However, there are certain exceptions to this two-year rule. For example, if the injured party was a minor at the time of the birth injury, then the two-year statute of limitations does not apply. Instead, the injured party has until their 18th birthday to file a lawsuit. In addition, if the injured party did not discover the injury until after their 18th birthday, then they can still file a lawsuit within one year of the date they discovered the injury. In addition, Texas also has what is known as the “discovery rule,” which states that if a person was unaware of the injury or its cause at the time it occurred, then the two-year statute of limitations does not apply. Instead, the injured party has one year from the date they discovered both the injury and its cause. It is important to remember that these rules are subject to change, depending on the circumstances of each particular case. Therefore, it is important to seek legal advice from an experienced Texas birth injury attorney as soon as possible in order to make sure your rights are protected.

Related FAQs

What are the signs of a birth injury?
When can a birth injury claim be filed?
What is a neonatal stroke and can a parent file a birth injury lawsuit?
Who can file a birth injury lawsuit?
What are some common birth defects that can result in a birth injury lawsuit?
What damages are available in a birth injury lawsuit?
How is damages determined in a birth injury case?
What is the difference between a birth injury lawsuit and a wrongful death lawsuit?
What is obstetrical malpractice and how do I prove it?
What is birth injury law?

What is the statute of limitations for filing a birth injury lawsuit?

Related FAQs

Related Blog Posts