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Statute of Limitations for Birth Injuries in PA
Dealing with a birth injury is emotionally and physically exhausting for families. In Pennsylvania, understanding how much time you have to take legal action is crucial. The “statute of limitations” is the law that sets the deadline for filing a lawsuit. Missing this deadline can mean losing your right to recover money for your child’s injury, no matter how strong your case is. Here’s what you need to know about the statute of limitations for birth injuries in Pennsylvania.
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General Two-Year Rule for Personal Injury Cases
For most personal injury cases in Pennsylvania, including birth injuries, the statute of limitations is two years. This means you typically have two years from the date the injury occurred to file a lawsuit. This rule is found in Title 42, Section 5524 of Pennsylvania law. It covers actions for injuries caused by negligence or wrongful acts, which are common in birth injury claims.
However, birth injury cases can be complex. Sometimes the injury isn’t discovered right away. For example, if a baby’s developmental delays aren’t clear at birth, parents may not know something is wrong until months or even years later. In those cases, special rules may apply.
Special Rule for Minors: The “Infancy Tolling” Provision
Pennsylvania law provides more time for children who suffer injuries before their 18th birthday. Under Section 5533(b), the “infancy tolling” rule says that the statute of limitations does not start running until the child turns 18. After that, the child has two years—until their 20th birthday—to file a lawsuit for a birth injury.
This rule recognizes that children can’t always protect their rights and gives families more time to take legal action. If you’re a parent or guardian, this extra time can be a lifeline when you’re focused on your child’s medical needs and recovery.
Exceptions and Notice Requirements
If your birth injury claim is against a government-run hospital or another government unit, you face additional requirements. Pennsylvania law (Section 5522) requires that you give written notice of the claim within six months of the injury. If you fail to give this notice, your case could be thrown out—even if you file within the regular statute of limitations. There are some exceptions if the government already knew about the injury or if reasonable excuses for delay exist, but these are limited.
It’s also important to know that if the person or entity you want to sue leaves Pennsylvania or hides their identity, the statute of limitations may be paused during their absence (Section 5532).
The Discovery Rule: When the Injury Isn’t Obvious
Sometimes, a birth injury isn’t immediately known. Maybe the signs of cerebral palsy or another condition don’t appear until a child misses developmental milestones. Pennsylvania’s “discovery rule” can extend the time to file a lawsuit if you could not have reasonably known about the injury and its cause right away. The clock starts ticking when you discover, or should have discovered with reasonable diligence, that your child was injured due to possible negligence.
This rule is very fact-specific. Courts look at when a reasonable person in your situation would have realized something was wrong. If you believe your child’s injury was discovered late, talk to a Philadelphia birth injury lawyer quickly to see how the law applies.
Why Timing Matters for Pennsylvania Birth Injury Claims
Statutes of limitations are strictly enforced. If you file your case even one day late, it can be dismissed, and you lose the chance to recover compensation for your child. That’s why it’s so important to speak with a Philadelphia personal injury lawyer as soon as you suspect a birth injury. An attorney can help you gather records, understand the deadlines, and file your case within the time allowed. This is especially urgent if your claim may involve a government hospital.
FAQs About Statute of Limitations for Birth Injuries in PA
How long do I have to file a lawsuit for a birth injury in Pennsylvania?
For most birth injury cases, families have until the child’s 20th birthday to file a lawsuit. The two-year clock starts when the child turns 18, due to the “infancy tolling” rule. For adults, the general rule is two years from the date of injury.
Does the statute of limitations change if the injury was not discovered right away?
Yes, if the injury or the cause wasn’t discovered right away, Pennsylvania’s “discovery rule” may give you extra time. The deadline starts when you discover, or should reasonably discover, the injury and its connection to negligence. This rule doesn’t apply in every case, so ask a birth injury attorney for advice.
What if my claim is against a government hospital or agency?
You must give written notice of your claim within six months of the injury. Failing to do so can result in your case being dismissed, even if you meet the other deadlines. Contact a Philly birth injury attorney immediately if you think a government unit is involved.
What happens if I miss the statute of limitations for a birth injury claim?
If you miss the deadline, you may lose your right to sue forever. Courts rarely make exceptions, so don’t wait. Reach out to a cerebral palsy lawyer or birth injury attorney right away to protect your family’s rights.
Other Resources About Legal Process & Compensation
- Appealing a Birth Injury Verdict or Settlement
- Family Rights after a Birth Injury
- What Evidence is Needed for a Birth Injury Claim?
- Understanding Medical Malpractice Insurance
- Expert Witnesses in Birth Injury Litigation
- Philadelphia Jury Verdicts & Settlements in Birth Injury Cases
- Statute of Limitations for Birth Injuries in PA
- How Birth Injury Compensation is Calculated
- What to Expect in a Birth Injury Case Timeline
- Filing a Birth Injury Lawsuit in Philadelphia
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