What is the statute of limitations for filing a birth injury claim?
In Oregon, the statute of limitations for filing a birth injury claim depends on what kind of claim you are bringing forward. For claims involving medical negligence, such as a birth injury claim, the statute of limitations requires that the claim be filed within two years of the date of the injury. If you do not file the claim within this time period, you may not be able to file the claim at all. In addition, if the injured party is a minor, the statute of limitations may be extended until the minor reaches the age of majority, which is 18 in Oregon. If you are bringing forward a wrongful death claim due to a birth injury, the statute of limitations may be different. In Oregon, a wrongful death claim must be filed within three years of the death. If the death was caused by medical negligence, the statute of limitations may be extended until two years after the injury was discovered, or until two years after the injury reasonably should have been discovered. For all birth injury claims, it is always important to consult with an experienced birth injury attorney to ensure that you are filing your claim within the appropriate time frame. These time limits vary state-by-state and can change at any time, so it is always important to be aware of the current statute of limitations for your specific claim.
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