Can a medical birth injury lawsuit be filed after the statute of limitations has expired?

In general, no, a medical birth injury lawsuit cannot be filed after the statute of limitations has expired in West Virginia. The statute of limitations is a legal time limit for filing a lawsuit and is different from state to state. In West Virginia, the statute of limitations for filing a birth injury medical malpractice lawsuit is two years from the date of the injury or the date of the discovery of the injury, whichever is earlier. Once the statute of limitations has expired, a birth injury medical malpractice lawsuit cannot be filed. However, in some cases, the statute of limitations may be temporarily extended due to extenuating circumstances, such as if the injured party did not understand the injury or the cause of the injury at the time. In such cases, the injured party may be able to file a medical birth injury lawsuit after the statute of limitations has expired, depending on the circumstances. In addition, certain special laws may also extend the statute of limitations in specific cases. For example, a medical birth injury lawsuit can be filed against the state of West Virginia under the West Virginia Birth-Related Neurological Injury Compensation Act. Under this law, the statute of limitations is extended for six years, starting from the date of the injury. It is important to note that the statute of limitations is a strict time limit, and it is essential to speak to an experienced West Virginia birth injury lawyer as soon as possible to ensure that the legal rights of the injured party are protected and that the birth injury lawsuit is filed within the statute of limitations.

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Can a medical birth injury lawsuit be filed after the statute of limitations has expired?

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