Birth Injury Statute of Limitations by State: 2026 Guide for Parents

Understanding the birth injury statute of limitations is critical if you’re considering legal action for your child’s injury. Every state has specific deadlines for filing medical malpractice lawsuits, and missing these deadlines typically means losing your right to pursue compensation—no matter how strong your case. For parents whose children suffered preventable harm during labor and delivery, knowing these time limits can mean the difference between securing financial support for your child’s future and being left without legal options.

If you believe medical negligence during birth caused your child’s injury, time is of the essence. Birth injury attorneys can evaluate your case at no cost and help you understand your state’s specific filing deadlines. Because statute of limitations laws include complex exceptions for minors, it’s important to consult with an experienced lawyer sooner rather than later. Contact a birth injury lawyer today for a free, confidential case review to protect your family’s legal rights.

On this page:

• What is a statute of limitations
• How birth injury statutes differ from standard medical malpractice
• Discovery rule and when the clock starts
• Tolling provisions for minors
• State-by-state statute of limitations guide
• Exceptions that may extend your deadline
• What happens if you miss the deadline
• Why early consultation matters
• Finding a birth injury attorney
• Frequently asked questions

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time period during which you can file a lawsuit. These deadlines exist in nearly every area of law, from personal injury to contract disputes. The purpose is to encourage timely filing while evidence is fresh, witnesses are available, and medical records are intact.

For birth injury cases, the statute of limitations determines how long parents have to file a medical malpractice lawsuit against healthcare providers, hospitals, or other parties whose negligence may have caused harm to their child. Once this deadline passes, courts will typically dismiss your case regardless of its merits.

The challenge for families is that birth injury statutes of limitations vary significantly by state. Some states allow just two years from the date of injury, while others provide more generous timelines—particularly when the injured party is a minor. Understanding your state’s specific rules is the first step toward protecting your legal rights.

These time limits apply to civil lawsuits seeking compensation for damages. They don’t affect your ability to seek medical treatment, apply for government benefits, or pursue other non-legal avenues of support for your child.

How Birth Injury Statutes Differ from Standard Medical Malpractice Laws

Birth injury cases fall under medical malpractice law, but many states treat them differently than other malpractice claims because the injured party is a minor. Standard medical malpractice statutes often give adults between one and three years to file a lawsuit from the date of injury or discovery of harm.

When the patient is a child, however, most states recognize that minors cannot file lawsuits on their own behalf. Parents or legal guardians must act for them. To account for this and to protect children’s rights, many jurisdictions include special tolling provisions that extend or modify the standard deadline.

Some states pause the statute of limitations clock until the child reaches the age of majority (typically 18). Others provide a set period from birth regardless of the child’s age, while some combine both approaches with specific caps. For example, a state might toll the statute until age 18 but cap the total filing period at 10 years from the injury.

These variations make birth injury statute of limitations laws particularly complex. A deadline that seems years away might actually be much shorter due to statutory caps, or you might have more time than you initially thought due to tolling provisions. Professional legal guidance is necessary to navigate these nuances.

The distinction between birth injuries and birth defects also matters. Birth injuries result from trauma or oxygen deprivation during labor and delivery, while birth defects are typically genetic or developmental conditions that occur before birth. Statute of limitations rules generally apply only to preventable injuries caused by medical negligence, not to congenital conditions.

The Discovery Rule and When the Statute of Limitations Clock Starts

In traditional medical malpractice cases, the statute of limitations typically begins on the date the injury occurred. But what happens when the harm isn’t immediately apparent? This is where the discovery rule comes into play.

The discovery rule allows the statute of limitations clock to start when the injury was discovered or reasonably should have been discovered, rather than when it actually occurred. This legal principle recognizes that some medical injuries aren’t immediately obvious—particularly neurological damage in infants.

For birth injuries, parents might not realize something went wrong for months or even years. Conditions like cerebral palsy often aren’t diagnosed until a child misses developmental milestones between 12 and 24 months of age. Hypoxic-ischemic encephalopathy (HIE) may show immediate symptoms, but the full extent of cognitive or physical impairments might not become clear until years later.

Many states apply the discovery rule to birth injury cases, starting the clock when parents knew or should have known that their child suffered an injury and that medical negligence might have caused it. This doesn’t mean the moment you suspect something is wrong—it typically means when you have enough information to reasonably connect the injury to substandard medical care.

However, the discovery rule has limitations. Some states don’t apply it to birth injury cases at all, instead using a strict date-of-injury standard. Others apply the discovery rule but cap the total time allowed to file at a certain number of years from the actual injury, regardless of when it was discovered. These caps, called statutes of repose, create an absolute deadline that cannot be extended.

For parents, this means the clock might be ticking even before you realize your child was injured. If your child recently received a cerebral palsy diagnosis or shows signs of developmental delays, consulting a birth injury attorney immediately helps ensure you don’t inadvertently let important deadlines pass.

Tolling Provisions for Minors in Birth Injury Cases

Tolling refers to the legal pause or extension of a statute of limitations deadline. Because minors cannot file lawsuits themselves, most states include tolling provisions that modify standard time limits when the injured party is a child.

The most common form of tolling pauses the statute of limitations until the child reaches the age of majority—typically 18 years old. Under pure minority tolling, the statute wouldn’t begin running until the child’s 18th birthday, then continue for the standard malpractice period (often two or three years). This would give the child until age 20 or 21 to file a lawsuit.

However, many states concerned about indefinitely open liability have enacted caps that limit minority tolling. For example, a state might toll the statute until age 18 OR 10 years from the date of injury, whichever comes first. In this scenario, if your child was injured at birth, the 10-year cap would expire before they turn 18, making 10 years the effective deadline.

Other states use hybrid approaches. They might provide a standard statute of limitations period (such as two years) but specify that it cannot expire before the child reaches a certain age (such as 8 or 10 years old). These formulas create different effective deadlines depending on when the injury was discovered.

Some jurisdictions distinguish between when parents can file on behalf of a minor versus when the child can file on their own behalf after reaching adulthood. Parents typically must act within a shorter window, while the child might have additional time once they turn 18 to bring their own claim.

The complexity of these tolling provisions means that seemingly simple questions—”How long do I have to sue for birth injury?”—rarely have straightforward answers. The deadline depends on your state, your child’s age, when the injury was discovered, and sometimes even which defendant you’re suing (hospitals may have different notice requirements than individual doctors).

Because of these variables, waiting to consult with a lawyer is risky. Even if you believe you have years remaining, statutory caps or specific procedural requirements might create much shorter effective deadlines. A qualified birth injury attorney can analyze your specific situation and provide a definitive answer about your filing window.

State-by-State Birth Injury Statute of Limitations Guide

The following guide provides general information about birth injury statute of limitations laws by state. Keep in mind that these laws change periodically, courts interpret them differently, and exceptions may apply to your specific situation. This information is for educational purposes and is not legal advice. Always consult with a birth injury lawyer in your state for guidance on your specific case.

Alabama: Generally two years from the date of injury, but tolled for minors until age 8. The statute cannot expire before the child’s 8th birthday.

Alaska: Two years from discovery of injury. For minors, the statute is tolled until age 18, but subject to a 10-year statute of repose from the date of the negligent act.

Arizona: Two years from discovery or when the injury should have been discovered. For minors, tolled until age 18, but with statutory exceptions that may shorten this period in medical malpractice cases.

Arkansas: Two years from the date of injury. For minors under age 9, the statute is tolled until the child’s 9th birthday. Children injured before age 9 have until their 11th birthday to file.

California: Three years from the date of injury or one year from discovery, whichever occurs first. For minors, tolled until age 18, but cannot exceed three years from the date of injury for medical malpractice claims.

Colorado: Two years from discovery of injury. For minors, tolled until age 18, but subject to various exceptions and procedural requirements.

Connecticut: Two years from when the injury was discovered or should have been discovered. For minors, the statute is tolled until age 19.

Delaware: Two years from the date of injury or two years from discovery, whichever is later. For minors, tolled until age 18, then the standard period begins.

Florida: Two years from discovery of injury. For minors, generally tolled until age 8. However, Florida has complex rules including a seven-year statute of repose that may limit this tolling.

Georgia: Two years from the date of injury. For minors under age 5, the statute is tolled until the child’s 5th birthday, giving them until age 7 to file.

Hawaii: Two years from discovery of injury. For minors, tolled until age 18, then they have two additional years (until age 20).

Idaho: Two years from discovery of injury. For minors, tolled until age 18, but subject to various limitations and exceptions.

Illinois: Two years from when the injured party knew or should have known of the injury. For minors, tolled until age 18, then they have eight years or until age 22, whichever provides more time.

Indiana: Two years from the occurrence of the alleged malpractice. For minors, this cannot expire before the child’s 8th birthday.

Iowa: Two years from discovery of injury. For minors under age 8, the statute cannot expire before the child’s 10th birthday.

Kansas: Two years from the date of injury or two years from discovery, with a four-year statute of repose. For minors, cannot expire before the child’s 10th birthday.

Kentucky: One year from discovery of injury. For minors, tolled until age 18, then one additional year (until age 19).

Louisiana: One year from discovery of injury. For minors, this generally cannot expire before the child’s 9th birthday, but Louisiana’s complex medical malpractice laws include numerous exceptions.

Maine: Three years from discovery of injury. For minors, tolled until age 18, then they have six years (until age 24) to file.

Maryland: Five years from the date of injury or three years from discovery, whichever is shorter. For minors under age 11, the statute cannot expire before age 11.

Massachusetts: Three years from discovery of injury. For minors, tolled until age 18, then three additional years (until age 21).

Michigan: Two years from discovery or six months from discovery by a minor’s representative. Michigan has complex notice requirements and a six-month extension period after discovery.

Minnesota: Four years from the date of the negligent act. For minors, this cannot expire before the child’s 8th birthday.

Mississippi: Two years from discovery of injury. For minors, tolled until age 18, but subject to a seven-year statute of repose from the date of injury.

Missouri: Two years from the date of injury. For minors, tolled until age 18, then two additional years (until age 20).

Montana: Three years from discovery or five years from the date of injury, whichever comes first. For minors, tolled until age 18, subject to certain limitations.

Nebraska: Two years from the date the cause of action accrues. For minors, this cannot expire before age 10.

Nevada: Four years from the date of injury or two years from discovery. For minors under age 10, the statute cannot expire before the child’s 10th birthday.

New Hampshire: Three years from discovery of injury. For minors, tolled until age 18, then two additional years (until age 20).

New Jersey: Two years from discovery of injury or two years from when the malpractice should have been discovered. For minors, tolled until age 18, then two additional years (until age 20).

New Mexico: Three years from the date of injury. For minors, tolled until age 18, then three additional years (until age 21).

New York: Two and a half years from the date of malpractice or from the end of continuous treatment. For infants, tolled until age 18, then two and a half additional years (until age 20 and a half). For birth-related injuries, special provisions may apply.

North Carolina: Three years from the date of injury. For minors, this cannot expire before the child’s 10th birthday.

North Dakota: Two years from discovery of injury. For minors, tolled until age 18, then two additional years (until age 20).

Ohio: One year from discovery of injury or one year from when the injury should have been discovered. For minors, the statute cannot expire before age 18, but Ohio has complex medical malpractice tolling provisions.

Oklahoma: Two years from discovery of injury. For minors, tolled until age 18, then two additional years (until age 20).

Oregon: Two years from discovery of injury, with a five-year statute of repose. For minors, tolled until age 18, then two additional years (until age 20), subject to the statute of repose.

Pennsylvania: Two years from the date of injury. For minors, tolled until age 20 (the minor reaches age 18 plus the two-year standard period).

Rhode Island: Three years from the date of injury or discovery. For minors, tolled until age 18, then three additional years (until age 21).

South Carolina: Three years from the date of injury. For minors, this cannot expire before the child’s 8th birthday.

South Dakota: Two years from discovery of injury, with a four-year statute of repose. For minors, various tolling provisions apply depending on the circumstances.

Tennessee: One year from discovery of injury, with a three-year statute of repose. For minors, the statute cannot expire before the child’s 4th birthday, creating complex calculation requirements.

Texas: Two years from the occurrence of the malpractice or from when the treatment ended. For minors under age 12, tolled until age 14. For children injured at birth, this generally provides until age 14 to file.

Utah: Two years from discovery of injury, with a four-year statute of repose. For minors, the statute cannot expire before age 10.

Vermont: Three years from discovery of injury. For minors, tolled until age 18, then three additional years (until age 21).

Virginia: Two years from the date of injury. For minors under age 8, the statute cannot expire before the child’s 10th birthday. Virginia also has a complex system capping total damages in medical malpractice cases.

Washington: Three years from the date of injury or one year from discovery, whichever is later. For minors, tolled until age 18, then three additional years (until age 21), subject to an eight-year statute of repose.

West Virginia: Two years from the date of injury. For minors, tolled until age 18, then two additional years (until age 20).

Wisconsin: Three years from the date of injury. For minors, this cannot expire before age 10, and additional time may be available under discovery rule provisions.

Wyoming: Two years from discovery of injury. For minors, tolled until age 18, then two additional years (until age 20).

If your child suffered injuries during birth in any of these states, don’t rely solely on this general information. State-specific birth injury lawyers understand the nuances of local laws, court interpretations, and procedural requirements that can affect your deadline. Many law firms offer free case evaluations to help you understand your specific timeframe.

For families in Texas, California, Florida, and New York—states with high birth rates and complex medical malpractice laws—consulting with specialized attorneys in those jurisdictions is particularly important:

• Texas birth injury lawyer
• California birth injury lawyer
• Florida birth injury lawyer
• New York birth injury lawyer

Exceptions That May Extend Your Filing Deadline

Beyond the standard statute of limitations and minority tolling provisions, certain exceptions may extend your filing deadline or pause the clock under specific circumstances.

Fraudulent concealment: If a healthcare provider actively hid evidence of malpractice or misrepresented what happened during delivery, some states will toll the statute of limitations until the fraud is discovered. For example, if medical records were altered to hide mistakes made during your child’s birth, the deadline might not begin until you discovered the concealment.

Continuing treatment: Some jurisdictions apply the continuous treatment doctrine, which prevents the statute from running while the patient continues to receive treatment from the defendant for the same condition. However, this exception rarely applies to birth injury cases since the treating relationship typically ends after delivery or shortly after birth.

Foreign object: When a surgeon leaves a foreign object inside a patient’s body, special rules often apply. While this is more common in general surgery, it can occasionally be relevant in birth injury cases involving cesarean deliveries.

Mental incapacity: If the injured party is legally declared mentally incompetent or incapacitated, some states toll the statute of limitations for the period of incapacity. This can be particularly relevant for children who suffered severe infant brain damage that leaves them unable to understand or pursue their legal rights even after reaching age 18.

Defendant absence: Some states pause the statute of limitations if the defendant doctor or healthcare provider leaves the state or otherwise becomes unavailable for legal service. This exception is designed to prevent defendants from avoiding liability by relocating.

Government immunity: If your child was born at a military hospital or government facility, different rules and deadlines may apply. Claims against government entities often require filing administrative claims within much shorter timeframes—sometimes as little as six months.

Emergency circumstances: Some states have enacted specific exceptions for birth-related emergencies, recognizing that parents dealing with an injured newborn may not be in a position to immediately pursue legal claims.

These exceptions are highly state-specific and often require meeting strict legal standards and documentation requirements. Don’t assume an exception applies to your case without consulting an attorney. While exceptions exist, courts typically interpret them narrowly, and relying on them can be risky if you have other options to file within the standard deadline.

If you’re approaching what you believe might be your filing deadline, contact a birth injury lawyer immediately. Even if an exception might apply, attorneys need time to investigate your case, gather records, consult experts, and prepare your lawsuit. Waiting until the last minute creates unnecessary risk.

What Happens If You Miss the Statute of Limitations Deadline

Missing the birth injury statute of limitations typically has severe consequences—in most cases, it means you lose your right to pursue compensation entirely, regardless of how strong your case might be.

When you file a lawsuit after the deadline has passed, the defendant will file a motion to dismiss based on the expired statute of limitations. Courts grant these motions in the vast majority of cases. Even if you have overwhelming evidence of negligence, even if your child’s injuries are catastrophic, even if the defendant doctor admits to making mistakes—none of it matters if you filed too late.

The court will dismiss your case “with prejudice,” meaning you cannot refile it. Your family will be left without legal recourse for compensation, even though your child may require a lifetime of expensive medical care, therapy, and support services.

This harsh result exists because the legal system values finality and certainty. After enough time passes, evidence deteriorates, witnesses’ memories fade, and it becomes increasingly difficult to conduct a fair trial. The statute of limitations puts defendants on notice that after a certain point, they’re protected from old claims.

For families, the financial implications can be devastating. Children with conditions like cerebral palsy, HIE, or brachial plexus injuries may need hundreds of thousands or even millions of dollars in care over their lifetime. Without compensation from a successful lawsuit, families must bear these costs themselves or rely on limited government assistance programs.

In extremely rare circumstances, courts may make exceptions to expired deadlines—typically only when the plaintiff can demonstrate extraordinary circumstances that prevented timely filing and that strictly following the statute would create manifest injustice. These cases are exceptional, and you should never count on a court granting such relief.

The best protection is prevention. Don’t wait to explore your legal options. Even if you’re unsure whether malpractice occurred, even if you’re focused on your child’s medical needs, even if the statute seems years away—consult with an attorney early. Most birth injury law firms offer free case evaluations, so there’s no financial risk in getting answers.

Why Early Consultation Matters Even with Years Remaining

Many parents assume that if their state provides several years to file a lawsuit, there’s no urgency to contact an attorney. This assumption can be costly for several reasons.

Statutes are more complicated than they appear: As this guide demonstrates, calculating your actual deadline often requires analyzing multiple legal provisions, exceptions, and court interpretations. What seems like a straightforward timeline may have hidden restrictions. An attorney can provide a definitive answer about your specific deadline.

Evidence preservation is critical: Medical malpractice cases require extensive documentation. Hospitals retain records for varying periods—sometimes as little as a few years. Witnesses move, change jobs, or become harder to locate. Fetal monitoring strips, nurses’ notes, and other key evidence may be destroyed after retention periods expire. The sooner your attorney begins collecting evidence, the stronger your case will be.

Expert review takes time: Proving birth injury malpractice requires expert medical testimony. Qualified experts must review hundreds of pages of medical records, understand the specific circumstances of your child’s birth, and provide detailed opinions about how the standard of care was violated. This process often takes months—time that counts against your statute of limitations deadline.

Cases require extensive preparation: Birth injury lawsuits are among the most complex medical malpractice claims. Attorneys need time to investigate, consult specialists, prepare legal documents, and build a compelling case. Waiting until shortly before the deadline creates unnecessary pressure and may compromise the quality of your lawsuit.

You might discover your deadline is shorter than expected: Statutory caps, procedural requirements, or specific circumstances of your case might create earlier deadlines than the general statute suggests. Discovering this close to the deadline leaves little room for action.

Your attorney can preserve your rights immediately: Even if full investigation and filing will take time, an attorney can take steps to protect your rights, preserve evidence, and ensure you meet all procedural requirements.

Peace of mind: Understanding your legal options and timeline reduces anxiety. Many families report that consulting with an attorney—even if they ultimately decide not to pursue a lawsuit—helped them feel more in control of their situation.

Most importantly, early consultation is free. Birth injury attorneys typically work on contingency, meaning they only get paid if they win your case. The initial consultation and case evaluation cost you nothing, so there’s no reason to delay.

If your child was diagnosed with cerebral palsy, Erb’s palsy, or other birth-related conditions, or if you have concerns about the care provided during labor and delivery, contact a lawyer now. Don’t wait for the statute of limitations to become an urgent concern.

Finding a Birth Injury Attorney Who Understands Statute of Limitations Complexities

Not all personal injury lawyers handle birth injury cases, and not all medical malpractice attorneys have experience with the specific statutes of limitations issues that affect these claims. Finding the right lawyer requires looking for specific qualifications and experience.

Look for birth injury specialization: Medical malpractice during childbirth involves specialized medical knowledge about obstetrics, neonatology, fetal monitoring, and labor management. Attorneys who regularly handle these cases understand the medical standards, common negligence patterns, and complex causation questions that arise. They’re also familiar with how statutes of limitations apply specifically to birth injuries rather than general medical malpractice.

Ask about statute of limitations experience: During your consultation, ask potential attorneys about their experience with statute of limitations issues. Have they successfully filed cases close to deadlines? Do they understand the specific tolling provisions in your state? Have they dealt with cases involving discovery rule applications or statutory exceptions?

Verify resources and expert networks: Birth injury cases require significant resources. Your attorney should have relationships with medical experts who can review records on tight timelines when necessary. They should have the financial capacity to cover expert fees, filing costs, and investigation expenses while your case proceeds.

Consider track record: Ask about previous birth injury settlements and verdicts. While past results don’t guarantee future outcomes, a history of successful cases demonstrates the attorney’s ability to navigate complex medical and legal issues. You can review information about typical birth injury settlements to understand potential outcomes.

Evaluate communication: You should feel comfortable asking questions and receiving clear answers. The attorney should explain statute of limitations issues in plain language, be responsive to your concerns, and keep you informed about deadlines and case progress.

Understand fee structure: Most birth injury attorneys work on contingency, typically taking a percentage (often 33-40%) of any settlement or verdict. Make sure you understand what percentage applies, how costs are handled, and what happens if your case is unsuccessful. Reputable attorneys will be transparent about all financial arrangements.

Ask about timeline: A good attorney will be honest about how long your case might take and what steps need to happen before filing. They should explain any immediate deadlines or actions needed to preserve your rights.

Trust your instincts: Beyond credentials and experience, pay attention to how the attorney treats you. Do they show empathy for your situation? Do they listen to your concerns? Are they patient with your questions? Birth injury lawsuits can take years to resolve—you need an attorney you trust and feel comfortable working with long-term.

Many law firms offer free initial consultations where they’ll review your situation, explain your rights, and provide an honest assessment of whether you have a viable case. Take advantage of these consultations to find an attorney who’s the right fit for your family.

A skilled birth injury attorney will ensure you don’t miss critical deadlines while building the strongest possible case for your child’s future. Contact a qualified lawyer today to discuss your specific situation and protect your family’s legal rights.

Understanding How Long to Sue for Birth Injury Protects Your Child’s Future

The birth injury statute of limitations serves an important legal purpose, but for families dealing with injured children, these deadlines can feel arbitrary and unfair. You’re focused on your child’s health, navigating doctors’ appointments and therapy sessions, coping with an unexpected diagnosis—not tracking legal deadlines.

Yet understanding these time limits is necessary to protect your child’s access to compensation that could fund a lifetime of care. Children with birth injuries often need extensive medical treatment, physical and occupational therapy, assistive devices, special education services, and long-term support. The costs can easily reach into the millions of dollars over a lifetime.

If medical negligence caused your child’s injuries—whether shoulder dystocia was mismanaged, fetal distress was ignored, a C-section was delayed, or forceps were used improperly—you may have legal recourse. But only if you act within your state’s statute of limitations.

The complexity of these laws means professional guidance isn’t optional—it’s necessary. An experienced birth injury attorney can calculate your specific deadline, explain applicable exceptions, and ensure your case is filed on time. More importantly, they can help you understand whether malpractice occurred and whether pursuing a lawsuit is in your family’s best interest.

Some families discover that what happened during birth, while unfortunate, didn’t constitute negligence. Others learn that they have strong cases but face challenging defendants or complex causation questions. An honest attorney will explain both the strengths and weaknesses of your potential claim, helping you make informed decisions.

For many families, filing a birth injury lawsuit isn’t just about compensation—it’s about accountability, answers, and ensuring the same mistakes don’t happen to other children. It’s about securing your child’s future and making sure they have access to every resource and opportunity they deserve.

The statute of limitations deadline won’t wait for the perfect time to take action. It won’t pause while you process your child’s diagnosis or wait until you feel emotionally ready. The clock continues running whether you’re aware of it or not.

That’s why reaching out to an attorney now, while you still have time, is so important. A free consultation can provide clarity about your deadline, your options, and your child’s rights. It can help you understand what happened during birth and whether someone should be held accountable.

Your child deserves every opportunity to thrive despite their birth injury. Understanding and respecting statute of limitations deadlines is one way to protect their future. Don’t let these critical deadlines pass while you’re focused on day-to-day challenges. Get the answers you need—and the legal support your family deserves—by contacting a birth injury attorney today.

Frequently Asked Questions About Birth Injury Statute of Limitations by State