When can a birth injury claim be filed?
In most cases, a birth injury claim in Texas can be filed within two years of the date the injury occurred. This is known as the statute of limitations. In some cases, however, there may be exceptions to this limitation period which can extend the deadline for filing a claim. For instance, a parent or guardian may have to file a claim within one year of the date they became aware of the injury, or within one year of the date they should have reasonably been aware of the injury. Another important detail to consider is the Minor’s Rule, which allows a minor to pursue legal action for a birth injury within two years of their 18th birthday whether the claim is based on the Minor’s own injury or based on the injury of a loved one. This gives a minor time to understand the severity of the injury before filing a claim. It is important to note that even if the statute of limitations has expired, it is possible to pursue a birth injury claim if the injured person can show that it is not reasonable to have filed within the standard two-year period. However, a court may not agree to this if a significant amount of time has passed since the injury occurred. In all cases, it is important to speak to an experienced birth injury attorney as soon as possible to understand the legal requirements and deadlines for a birth injury claim in Texas.
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