Why do cerebral palsy statutes of limitations exist?
Statutes of limitations are designed to protect defendants from claims that appear too old to fairly defend. In practice, most medical malpractice SOL laws are enacted based on lobbying by hospital and insurance groups to reduce litigation — not to protect victims’ rights.
Fortunately, many states provide important exceptions to standard SOL laws — especially in cases filed on behalf of a minor child. The discovery rule, minority tolling, and fraud exceptions can all extend your filing window significantly. That is why speaking with a birth injury lawyer before concluding your rights have expired is so important.
How long do I have to file? Deadlines by claim type
SOL laws differ by state, injury type, and who is filing. The same birth injury can trigger different deadlines depending on whether the case is filed on behalf of the child, by the parents for their own damages, or as a wrongful death claim.
Most states allow lawsuits to be filed on behalf of a minor child within 1–4 years of the injury. However, many states pause (toll) the deadline until the child turns 18, meaning the child’s window may be much longer than the parent’s. The discovery rule may also extend the clock to when the negligence is first identified.
Parents may separately file for their own damages including medical expenses and loss of consortium. Most states limit this to 1–4 years from the date of injury. Unlike the child’s claim, this window is NOT extended until the child turns 18 — it may expire much sooner.
When a child passes due to a birth injury, most states allow only 1–3 years from the date of death. Evidence must be gathered quickly and these windows are short. Speak with a lawyer immediately if this applies to your situation.
Even if your state extends the child’s filing window to age 18, your personal parental claim for loss of consortium and medical expenses may have a 1–4 year window that expires well before your child turns 18. Speak with a lawyer today to understand both deadlines in your state.
Cerebral palsy statute of limitations by state
The table below lists general SOL deadlines for each state. These figures apply to personal injury claims and may differ for wrongful death claims or when discovery rule exceptions apply. Always confirm with a qualified birth injury lawyer.
| State | Parent’s Claim | Child’s Claim |
|---|---|---|
| Alabama | 2 years | 8 years |
| Alaska | 2 years | 20 years |
| Arizona | 2 years | 20 years |
| Arkansas | 2 years | 13 years |
| California | 3 years | 8 years |
| Colorado | 2 years | 8 years |
| Connecticut | 3 years | 21 years |
| Delaware | 3 years | 6 years |
| District of Columbia | 3 years | 21 years |
| Florida | 2 years | 8 years |
| Georgia | 2 years | 7 years |
| Hawaii | 2 years | 10 years |
| Idaho | 2 years | 8 years |
| Illinois | 2 years | 8 years |
| Indiana | 2 years | 8 years |
| Iowa | 2 years | 10 years |
| Kansas | 2 years | 8 years |
| Kentucky | 1 year | 19 years |
| Louisiana | 1 year | 3 years |
| Maine | 3 years | 6 years |
| Maryland | 3 years | 14 years |
| Massachusetts | 3 years | 9 years |
| Michigan | 2 years | 10 years |
| Minnesota | 4 years | 11 years |
| Mississippi | 2 years | 8 years |
| Missouri | 2 years | 20 years |
| Montana | 2 years | 10 years |
| Nebraska | 2 years | 21 years |
| Nevada | 3 years | 10 years |
| New Hampshire | 3 years | 10 years |
| New Jersey | 2 years | 13 years |
| New Mexico | 3 years | 19 years |
| New York | 2.5 years | 20 years |
| North Carolina | 3 years | 10 years |
| North Dakota | 6 years | 18 years |
| Ohio | 1 year | 19 years |
| Oklahoma | 2 years | 7 years |
| Oregon | 2 years | 7 years |
| Pennsylvania | 2 years | 20 years |
| Rhode Island | 3 years | 21 years |
| South Carolina | 3 years | 21 years |
| South Dakota | 2 years | 19 years |
| Tennessee | 1 year | 8 years |
| Texas | 2 years | 14 years |
| Utah | 2 years | 4 years |
| Vermont | 3 years | 21 years |
| Virginia | 2 years | 10 years |
| Washington | 3 years | 18 years |
| West Virginia | 2 years | 12 years |
| Wisconsin | 3 years | 20 years |
| Wyoming | 2 years | 20 years |
Due to constantly changing laws and numerous exceptions, always confirm your specific deadline with a qualified birth injury lawyer. Contact us today for a free review.
Exceptions to the cerebral palsy statute of limitations
Most states offer exceptions that can give victims more time to file, especially in birth injury and medical malpractice cases involving minors. Don’t assume your rights have expired without speaking to a lawyer.
Used in many states — starts the SOL countdown when an injury is discovered or reasonably should have been discovered, rather than when it occurred. Highly relevant to CP cases, where diagnosis may come months or years after birth.
Most states pause the SOL deadline for several years — or until the child turns 18 — when the injured party is a minor. This is the most common and important exception for birth injury cases.
When the responsible party hides evidence of an injury or their negligence — such as altering medical records — the SOL deadline may be extended. Fraudulent concealment can toll the deadline from when it was discovered.
Deadlines may be extended until a person regains mental competence or until a guardian is appointed to represent them. Relevant for CP cases involving severe cognitive impairment.
SOL deadlines may be paused under the Servicemembers Civil Relief Act while a victim or guardian is on active military duty.
In some states, if the defendant leaves the state after the injury and before a lawsuit is filed, that time may not count toward the SOL deadline.
Many families assume their rights have expired when exceptions may still apply. A qualified birth injury lawyer can investigate whether the discovery rule, minority tolling, or other exceptions extend your deadline. Get a free case review today.
Statute of limitations FAQs
A formal diagnosis helps but your lawyer can begin gathering evidence before one is received. Contacting a lawyer early also protects against missing filing deadlines that cannot be extended once passed.
Yes. Most states offer exceptions for injuries to minors, injuries discovered later, and fraud or concealment of negligence. One or more of these may apply to your CP birth injury case. Have a qualified lawyer review your case before concluding your rights have expired.
Since every case is different, value is difficult to predict without investigation. CP lawsuit settlements often exceed $1 million due to the significant lifetime costs of care. When pain and suffering damages are added, totals commonly exceed $2 million in serious cases. See our recent settlements page for examples.
Each state has different laws. Deadlines typically range from 1 to 4 years for parent claims. Many states extend the deadline for child claims until age 18. Discovery rule and minor tolling exceptions may further extend your window. Contact a lawyer immediately to confirm your specific state’s deadline.
Your lawyer pays all costs upfront including filing fees, medical records, expert witnesses, and trial preparation. You owe nothing unless you receive an award. Contingency fees typically range from 33% to 40% of the recovery depending on how far the case progressed.
