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The answer to the question “How long do you have to sue for a birth injury?” basically depends on particular state laws containing strict limits for the submission of claims, known as statutes of limitation. In Nevada, there are certain time frames within which a parent or guardian must act to guarantee the right to seek damages for medical malpractice during delivery.
The specialty of our Birth Injury Lawyers is assisting families in Reno, NV, in comprehending their legal rights and pursuing the necessary course of action.
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The statute of limitations refers to a legally provided window of opportunity to file a case after the birth injury. The length of time will depend upon whether the suit is against wrongful death, personal injury, or medical negligence.
Generally speaking, the clock usually starts to run from the date of the injury. If the injury was discovered sometime later, there are some exceptions known as the “discovery rule.”.
All birth-related injuries or cases regarding children come under different sets of law.
These legal complexities are not always easy to comprehend without expert help, so contacting well-informed lawyers is the only way to avoid missing those crucial dates, according to the Birth Injury Help Center.
The state statute of limitations in birth injury cases designates the claims under medical malpractice laws. According to Nevada Revised Statutes, one can bring a claim for medical malpractice within three years from the date of the injury or one year from the date the injury is discovered.
Special considerations in birth injury claims include:
This statute of limitation in birth injury protects fairness and retains evidence. With time, memories will blur, important medical records may misplace and it will be very difficult to prove negligence.
Primary causes:
However, this very same statute of limitations might be challenging for families if they did not immediately understand that there had been a birth injury, let alone any consequences thereof. That’s why it is crucial to receive legal consultation if you sense something has gone wrong.
The knowledge of personal injury attorneys with years of experience is required to successfully navigate the statute of limitations for birth injuries. One way a Reno personal injury lawyer who specializes in birth injuries might assist is by:
Time is critical when pursuing a birth injury claim. If you suspect that medical negligence caused harm to your child, do not wait. Contact Kidwell & Gallagher Injury Lawyers today to discuss your case and protect your child’s future. As your trusted Personal Injury Lawyer, we are here to guide you through every step of the legal process.
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.