What is the statute of limitations for a birth injury in Texas?
Texas has a statute of limitations of two years, BUT when it comes to birth injuries, it’s not that simple – at all.
In most personal injury or wrongful death accidents, the victim (or the wrongful death beneficiary) has two (2) years from the date of incident to file a claim or lawsuit. When it comes to a minor victims (under 18 years old), Texas law allows the statute to be pushed back until 2 years AFTER the minor’s 18th birthday – essentially giving minor claimants until their 20th birthday to file a claim.
Unfortunately, the state of Texas also has a 10-year “statute of repose” on all medical malpractice cases. Since cerebral palsy cases are almost always caused by birth injuries (and birth injuries are considered medical malpractice), this means that the injured child is permitted to file a lawsuit against the doctor/hospital until the child turns 10 years of age.
Another valid reason to extend the statute of limitations (SOL) in Texas is if the injury could not have been known to the person for a period of time. Technically the statute should start running the day of the injury – which would be the day of birth, but many birth injuries (e.g. cerebral palsy), are not detectable right away, and thus it can be argued by a Dallas birth injury attorney that the statute should be extended.
While a child may technically have until their 20th birthday to file a lawsuit, in reality, it is always best to get your case started as soon as possible. Over time, memories fade, evidence disappears, defendants die or move away, etc, etc. If you’d like an open and honest (and FREE) analysis of your potential birth injury case, call the Dallas birth injury lawyers at Rasansky Law Firm for free consultation today at 1-877-405-4313.