Statute of Limitations on Birth Injury Lawsuits in Chicago, Illinois
The birth of a new child into the family is the most exciting time in the life of parents, and everyone expects that their baby will be born healthy. Unfortunately, some babies suffer injuries during birth, leaving the parents and family members devastated. Many of these injuries are preventable, and are a result of medical team’s negligence. In case birth injuries are serious, the baby may require ongoing care, and in some cases, even lifelong care. If the birth injury is a result of medical negligence, parents may be entitled to compensation. In this post, our Chicago birth injury lawyers will discuss what amounts to a compensable birth injury case, and what the statute of limitations on birth injuries lawsuits is in Illinois.
Birth Injury lawsuit
If the medical provider such as a doctor or a nurse was negligent, they should be held liable for the injuries. Medical negligence falls under the category of medical malpractice, which occurs when a medical professional does something or fails to do something that he could cause harm to the patient. Some birth injuries are caused by a medical professional making a mistake during labor or delivery.
Statute of limitations
In Illinois, you have a period of two years to file medical malpractice claims. The two years start from the date of the injury or the date the victim became aware of the injury. Birth injury claims are governed by a different statute of limitations. Parents have up to 8 years to make a claim after the occurrence of injury, and the lawsuit must be filed before the age of 21.
Birth injuries that cause disability are handled differently. For example, if the birth injury leads to cerebral palsy, the statute of limitations does not apply until the disability is removed. In case the disability cannot be removed, there is no statute of limitations to file a lawsuit. So, the parents or victim can file a lawsuit at any time.
Why is it important to file a lawsuit quickly?
It is important to file the lawsuit in a timely manner, because the information, data, and details regarding the injury or incident may be degraded or lost over time. The witnesses may not remember the events that occurred or may no longer be available for a statement. Even the documents could be lost or be unavailable.
Seeking legal help in birth injury cases
Birth injury cases need to be handled differently than personal injury cases, because in many cases, the birth injuries are not immediately evident. Even if they are diagnosed in time, the actual extent of damage is not usually realized until the child grows, and his mental and physical capacity can be better evaluated. Due to these concerns, birth injury cases must be handled only by a trained and experienced Chicago birth injury lawyer. Our lawyers will do everything we can to ensure that you and your child are adequately compensated for losses arising from the birth injury.