Can a medical birth injury lawsuit be filed after the statute of limitations has expired?
The answer is generally no, a medical birth injury lawsuit cannot be filed after the statute of limitations has expired in Delaware. The statute of limitations is a legal time limit for bringing a lawsuit against another person or organization. In Delaware, laws generally allow up to two years for filing a medical birth injury lawsuit. This means that once two years have passed since the date of the injury, the right to file a medical birth injury lawsuit is generally lost. There are a few exceptions to this general rule. In certain situations, the time to file a medical birth injury lawsuit can be extended. For example, parents may have more time to file a medical birth injury lawsuit if the child is a minor at the time the injury occurred, or if the child was unable to understand the extent of the injury until after the statute of limitations had expired. Additionally, in Delaware, an exception applies when the injury was caused by a government employee or entity. In this situation, the time to file a medical birth injury lawsuit is generally three years from the date of the injury. It is important to note, however, that legal advice should be sought prior to attempting to file a medical birth injury lawsuit after the statute of limitations has expired. Each case is unique and, depending on the specific circumstances, it may be possible to file a medical birth injury lawsuit even after the statute of limitations has expired.
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