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by Staff - December 17, 2013


Different states have different expectations as to the statute of limitations (which essentially means a time limit on when you can sue). In general, most states limit the timeframe to two years from the incident, or rather, 2 years from when you are made aware of the injury. However, there exists a “loophole” of sorts. Some states (including Texas) do allow injured children to file a lawsuit on their own behalf until they reach the age of majority (18 years old). However, Texas also has a 10-year statute of repose on all medical malpractice cases. Since cerebral palsy cases are birth injuries, and birth injuries are medical malpractice, this means that you have the ability to file a lawsuit against the doctor until the child turns 10 years of age.

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