Are there time limits for filing a birth injury lawsuit?
Yes, there are time limits for filing a birth injury lawsuit in Delaware. The amount of time allotted for filing a lawsuit can vary depending on the nature of the birth injury claim. Generally, Delaware sets a two-year statute of limitations to file a birth injury lawsuit after the injury occurred. However, the time period is reduced to one year if the injury did not manifest itself until some time after the incident. Additionally, the state of Delaware allows a “tolling” period for certain cases. The tolling period is an additional period of time to file a lawsuit depending on the particular circumstances of the case. For example, if the injured person did not become aware of the injury until after the two-year period had passed, then the tolling period could apply. It is important to note that any action seeking damages for a birth injury that occurred in Delaware must be filed before the statutes of limitations or tolling period expires or the injured person could lose the right to seek compensation. Additionally, those with cases involving medical care providers must also be aware of the statute of repose, which is a ten-year maximum time limit in which to file a lawsuit from the date of the injury or any date after. It is recommended that anyone with a potential birth injury case in Delaware consult with an experienced birth injury attorney to determine the exact time limits that apply to their particular situation.
Related FAQs
What is the standard of care for obstetricians when it comes to birth injuries?How much does a birth injury lawyer cost?
What is the difference between a birth injury and a birth trauma?
What is fetal distress and how can it be used in a birth injury lawsuit?
What is negligence in birth injury cases?
What is a medical genetics evaluation and can it be used in a birth injury claim?
Does birth injury law cover wrongful death cases?
Do I need a lawyer to file a birth injury claim?
How can I prove the doctor or hospital was negligent in a birth injury case?
What is the value of a birth injury case?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023