When dealing with the aftermath of a birth injury, one of the most critical legal questions is: what is the birth injury statute of limitations? This term refers to the legal deadline for filing a lawsuit after a birth injury has occurred. Missing this deadline can prevent families from seeking justice and financial compensation for their child’s injury. Our Birth Injury Lawyers, located at 403 Hill St., Reno, NV, are dedicated to helping families navigate these crucial timelines.
Get In Touch With Us
Our team of attorneys at Kidwell & Gallagher Injury Lawyers | Personal Injury Attorney want to hear from you. If you’ve been injured in a car accident, wrongful death, motorcycle accident, or have suffered another type of personal injury contact our team today for a free consultation.
The birth injury statute of limitations is the legal time limit within which a lawsuit must be filed after a birth injury has occurred. These deadlines are strictly enforced to ensure cases are brought forward in a timely manner, allowing evidence to remain intact and witnesses’ accounts to remain reliable. The specific length of this time frame varies depending on the state’s laws and the circumstances of the injury.
For example, statutes of limitations may account for situations where the injury was not immediately apparent, allowing families to file a lawsuit once the harm is discovered. This concept is known as the “discovery rule” and often plays a decisive role in birth injury cases.
The time frame to file a birth injury lawsuit depends on state laws and the specifics of the case. In many states, the statute of limitations ranges between two to three years. However, exceptions are often made in cases involving minors, giving parents additional time to act.
It’s important to consult a personal injury lawyer immediately to determine the exact deadline for your case and avoid forfeiting your right to compensation.
In Nevada, the statute of limitations for medical malpractice, including birth injuries, is generally two years from the date the injury occurred or was discovered. Additionally, there is a four-year maximum limit (known as the statute of repose), meaning claims cannot be filed more than four years after the date of injury, regardless of discovery.
Parents should also be aware of special provisions that apply to cases involving children. Nevada law provides extended deadlines for injuries to minors, but these extensions come with limitations and can vary depending on the type of claim.
The statute of limitations exists to ensure fairness for both plaintiffs and defendants in legal cases. This legal deadline is intended to:
While these deadlines are critical, they can also create challenges for families. That’s why it’s essential to act quickly when you suspect a birth injury has occurred and seek legal assistance promptly.
Navigating the complex legal timelines of a birth injury case requires professional guidance. Our Reno personal injury lawyers assist families in understanding the Nevada-specific statute of limitations and the legal strategies available to pursue compensation. Our attorneys work closely with clients to investigate injuries, compile evidence, and file cases before the deadline.
We can help you with:
Time is of the essence when dealing with birth injury cases. If your family is navigating the challenges of a birth injury in Reno, NV, contact Kidwell & Gallagher today at 403 Hill St., Reno, NV, or call (775) 323-2667. Let us help you protect your child’s future and secure the restitution you are entitled to.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.