If you think the situation leading up to your child’s brain injury or cerebral palsy warrants a personal injury claim, it’s important to realize that state laws will stipulate the time frame in which you must do so. This is called the statute of limitations.

While you are probably most concerned with your child’s immediate health and well-being, it’s important to remember that her long-term health may rely upon the ability to pay for certain therapies and treatments. If someone else is responsible for your child’s injury, you want to make sure that they take financial responsibility as well. But if you wait too long, you may lose your window of opportunity.

While the statute of limitations varies from state to state, most states require the injured party to file suit by two or three years following the injury. For a complete list of Statute of Limitations for personal injury claims by state, visit this link http://www.expertlaw.com/library/limitations_by_state/

However, it’s very important to realize that laws regarding the statute of limitations are different for minors. In most states (but not all, so check with a local attorney for laws regarding your state) the statute of limitations does not kick in until the minor has reached the age of majority, or 18 years old.

For example, a three-year-old child who is brain injured in an automobile accident in a state where the statute of limitations is two years, does not have to maintain a claim of action or file a suit within a two-year timeframe. While the parents certainly may file a claim well before, they don’t have to file a claim until she is 20 years old, because the statute of limitations does not begin until she is 18.

The best time to file your claim will depend upon your child’s particular situation–in some cases it makes sense to wait, and in others it doesn’t. However, because the laws regarding statute of limitations can be complex—and can also be shortened by federal, state, and municipal torte claims and issues—it’s important that you discuss them with your attorney.

If your child’s brain injury or cerebral palsy is the result of someone else’s negligence, compensation may be due to you. Contact us to see how we can help.