What is the statute of limitations for filing a birth injury claim?
In California, the statute of limitations for filing a birth injury claim is generally two years from the date on which the injury occurred. However, there are some exceptions to this general rule. For example, if the injured party is a minor, which is typically the case in birth injury claims, the statute of limitations does not begin running until the minor turns 18 years old. This gives the minor two years from his or her 18th birthday to file the birth injury claim. In addition, even after the two-year statute of limitations has expired, a claim may still be filed if the injury occurred due to medical negligence. In such cases, the statute of limitations is extended to three years from the date of injury. Finally, it is important to note that the statute of limitations can also be extended if the injury was not discovered until after the two- or three-year limitation period had expired. In such cases, the claim must be filed within one year of the date of discovery. It is important to keep in mind that the statute of limitations for filing a birth injury claim can vary depending on the specifics of the case and the applicable laws in California. Therefore, it is important to consult with an experienced birth injury attorney to determine the exact time frame within which the claim must be filed.
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