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.
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