Are there time limits for filing a birth injury lawsuit?

Yes, there are time limits for filing a birth injury lawsuit in California. All lawsuits have statutes of limitations set by the state that determine the length of time a person has to file a claim. The statute of limitations for filing a birth injury lawsuit in California is typically two years from the date of injury or two years from the date of a person’s discovery of the injury. However, if minors are involved, the statute of limitations does not begin until the minor has reached the age of majority (18 years old). In certain cases, this timeline can be extended. California has a statute of repose that limits the amount of time a person has to file a medical malpractice lawsuit, regardless of when the injury occurred. This statute of repose sets a limit of one year after the injury or three years after the injury was discovered. Depending on the circumstances, this time limit can be further extended if there is evidence of fraudulent concealment by the healthcare provider. Because the statutes of limitations and repose vary from state to state and can be complicated, it is important to seek legal counsel to determine the specific time limit in your case.

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