The statute of limitations for personal injury cases can depend on the type of injury and the state where the incident occurred, so it is essential to be aware of the differences in proceedings. The general statute of limitations for personal injury in Texas is two years. Therefore, for a birth injury, when the parent is filing the claim, they have until the child is two years old. If the victim is filing the claim for themselves once they become a legal adult at age 18, they have until they are 20.
Discovery Rule
A birth injury can be a unique circumstance because the symptoms of the injury and the official diagnosis often do not occur until later in the child’s life. For example, diagnosis of cerebral palsy typically occurs around the age of two. Therefore, the statute of limitations for a birth injury in Texas is two years from when the victim or the victim’s caretakers became aware of the injury.
Making a Case
Overall, when making a case for birth injury, regardless of the statute of limitations, it is crucial to stay organized with your records so that when the time comes to make a claim, you are prepared and organized with the necessary evidence and documentation, such as various medical records or test results. Having a medical malpractice lawyer in a case of birth injury is also essential to give yourself the best chance at receiving appropriate compensation. At the Gutierrez Law Firm, we offer free consultations and pride ourselves on our dedication to serving injured victims.
Call Gutierrez Law Firm for More on the Birth Injury Statute of Limitations
There is no downside to seeking a free consultation—being timely could help ensure your case is successful. Call today and speak with a personal injury attorney about the statute of limitations for birth injuries in Texas.
