In this Article:
- What is a Birth Injury?
- Understanding the Birth Injury Statute of Limitations
- What is the statute of limitations for birth injury claims in Illinois?
- Why Timing Matters
- Contact a Chicago Birth Injury Lawyer Today
What Is a Birth Injury?
A birth injury refers to any physical harm or trauma a baby sustains before, during, or shortly after delivery. Common examples include:
- Cerebral palsy
- Erb’s palsy (brachial plexus injury)
- Hypoxic-ischemic encephalopathy (HIE)
- Skull fractures
- Brain damage from a lack of oxygen
- Nerve damage or paralysis
These injuries are often the result of preventable medical errors, such as failure to monitor fetal distress, misuse of delivery tools, or delays in ordering a C-section.
Understanding the Birth Injury Statute of Limitations
When a child suffers a birth injury due to medical negligence, it can leave families facing a lifetime of emotional and financial challenges. During such a difficult time, pursuing legal action may not be the priority, but it’s essential to understand that the law sets strict deadlines for filing a birth injury lawsuit. These deadlines are known as statutes of limitations and vary by state.
Knowing the rules surrounding the statute of limitations can be the difference between receiving compensation for a child’s injuries and losing the right to file a claim altogether.
What Is the Statute of Limitations for Birth Injury Claims in Illinois?
In most other medical malpractice claims, the statute of limitations is two years from the date of injury or the date the injury was discoverable.
However, since not all birth injuries are discoverable at birth, parents may have more time to file a birth injury claim on behalf of their child. Generally, a lawsuit can be filed for up to eight years or within two years after discovering the injury if it occurs later.
Additionally, since birth injury victims are minors under the age of 18, they may be able to file a claim up until the child’s 22nd birthday.
Why Timing Matters
Waiting too long to file a claim can result in:
- Loss of the right to sue
- Dismissal of your case, regardless of how strong the evidence is
- No opportunity to recover compensation for medical care, therapy, lost future earnings, or pain and suffering
The earlier you act, the better positioned you are to preserve medical records, gather witness testimony, and build a strong legal case.
Pursuing legal action promptly may help secure much-needed financial resources to support your child’s ongoing care.
Contact a Chicago Birth Injury Attorney Today
At Disparti Law Group, we understand that birth injury cases are emotional, complex, and deeply personal. Our legal team is here to help you understand your rights, investigate potential malpractice, and fight for the compensation your child deserves.
Our compassionate, experienced team of birth injury lawyers is here to help your family move forward.
If you suspect your child was harmed due to a preventable birth injury, don’t wait. Contact Disparti Law Group today for a FREE consultation and find out why thousands say… Larry wins!
