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How Much Time Do You Have to Start Your Child’s Lawsuit?

Understanding the Time Limits for Your Child’s Injury Claim

When your child has been injured due to someone else’s mistake, your world feels like it’s been turned upside down. Amidst the immediate worries for their health and the emotional turmoil, there’s a crucial, often overlooked, legal reality you must understand: there are strict time limits for filing child injury lawsuits. These are called “Statutes of Limitations,” and if you wait too long, you and your child could lose the right to bring a claim entirely, no matter how strong or heartbreaking your child’s case might be. It’s like a critical deadline, and missing it can close the door to justice.

At Child & Birth Injury Lawyers our firm has decades of experience fighting for children across the nation. We know that understanding these deadlines is one of the very first, and most critical, steps in protecting your child’s future.

The Special Rule for Children: Understanding “Tolling”

For adults, the statute of limitations for personal injury cases can vary widely from state to state – and depending on various factors. But child injury cases often have different or special rules.

Many states have a specific law called “tolling” that applies to the statute of limitations for minors. “Tolling” essentially means the legal clock stops ticking, or doesn’t even start running, until a later time which can be as late as when the child turns 18 years old, but in many instances it is shorter and can vary by the type of case. The rationale for these special rules is based in part on the idea that children cannot legally make decisions about lawsuits on their own. So, a child might have until their 19th, 20th, or even 21st birthday to file a lawsuit, depending on the specific laws of the state where the injury happened. This seemingly generous extension is designed to protect children’s rights. However, the rules vary widely and can be nuanced. 

Why Waiting is Always a Bad Idea (Even with More Time)

“Okay, so I have more time,” you might think. HOWEVER, acting early is ALWAYS critical. Even though the law might give more time, waiting is almost always a bad idea. Delaying action can seriously weaken your child’s case, even if you technically have years left to file.

Here’s why waiting is a risk you simply cannot afford to take:

  • Evidence Gets Lost: Memories fade. Critical photos or videos might be deleted. Physical evidence at the accident scene could be cleaned up or altered. Important documents might disappear. The fresher the evidence, the stronger your case.
  • Witnesses Forget Details or Disappear: People move away, change phone numbers, or their memories of what happened become hazy. A witness who was clear and confident immediately after an event might remember very little a few years later.
  • Medical Records Complications: While medical records are permanent, obtaining them and correlating them precisely to the specific injury and its cause can become more challenging over time. Details that seemed minor at first might become crucial later.
  • Difficulty Proving Causation: The longer you wait, the harder it can be to definitively link your child’s injury to the specific act of negligence. The defense might argue other factors caused the harm if there’s a significant time gap.
  • Impact on Child’s Future Care: Delays in securing compensation mean delays in getting crucial long-term medical care, therapies, and adaptive equipment that your child desperately needs. Justice delayed can be justice denied in terms of timely support.
  • Insurance Company Tactics: Insurance companies often prefer delays, knowing that it can weaken a claimant’s case. They may use the passage of time to their advantage to deny or minimize claims.

The Critical Importance of Acting Early: Secure Your Child’s Future

Instead of focusing on how much time you might have, focus on the immense benefits of acting quickly:

  • Preserving Fresh Evidence: We can start gathering clear photos, videos, and incident reports immediately, before they disappear.
  • Securing Witness Testimony: We can talk to witnesses while their memories are fresh and their contact information is current.
  • Establishing Causation: Acting quickly makes it easier to establish a clear and direct link between the negligence and your child’s injury.
  • Showing Commitment: Taking prompt legal action demonstrates to the at-fault parties and their insurers that you are serious about protecting your child’s rights.
  • Timely Access to Resources: The sooner we can secure compensation, the sooner your child can access the best possible medical care, therapies, and support for their lifelong needs.

If your child has been injured due to someone else’s mistake, the very first step is to talk to us at Child & Birth Injury Lawyers. Don’t let precious time slip by. We can discus the specific time limits applicable to your case, immediately begin gathering and preserving critical evidence, and start building a strong defense for your child’s future. Your child deserves every chance at healing and thriving, and prompt legal action can make all the difference.

Your Child’s Future: Our Pledge to Your Family

Seeing your child hurt is a parent’s worst nightmare. The pain, the worry, the uncertainty about their future – it’s an overwhelming burden. But in that moment of crisis, remember this: you are not alone, and help is available.

Child & Birth Injury Lawyers understand the profound impact a serious injury has, not just on a child but on the entire family. We’ve seen the silent suffering, the financial strain, and the desperate need for answers and support.

We believe that every child deserves a chance at a full and happy life, even after a devastating injury caused by someone else’s mistake. We believe those responsible should be held accountable. And we believe that families should never have to bear the crushing costs of catastrophic injuries on their own.

Our commitment is straightforward: we provide compassionate support, combined with tenacious and knowledgeable legal advocacy. We will thoroughly investigate every detail, gather all relevant evidence, and fight tirelessly to secure the maximum compensation your child needs for their lifetime of care, recovery, and future well-being. We work on a contingency fee basis, meaning you pay no upfront legal fees, and we only get paid if we win your case. Your child’s access to justice should never be limited by your family’s finances.

The statistics are clear: child injuries are sadly common, and often preventable, and their costs can be astronomical. The legal process can be daunting, but with the right advocate by your side, it becomes a path to hope, healing, and justice.

Time is a factor. Evidence can disappear. Memories can fade. Laws like the statute of limitations, while sometimes giving more time for minors, still make early action crucial. Protecting your child’s rights and securing their future starts with one simple, powerful step.

Don’t let worry or confusion keep you from getting the help your child deserves. Don’t carry this burden by yourself.

Take the first step. Call The Child & Birth Injury Lawyers today for a free, confidential consultation. We are ready to listen. We are ready to fight.

Your child’s future is worth fighting for. Let us be their champion.

NATIONALLY RECOGNIZED

Jeffrey Killino has appeared on local and national news programs as an advocate for the injured.
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We know what parents want to know.

Okay, this is the most important first step! First, ensure your child’s safety. Then, get them medical help right away! This means calling 911, taking them to the emergency room, or consulting their doctor. Even if they say they’re “fine,” some injuries, like brain injuries, can be hidden. Getting medical help quickly is super important for their health. It also creates official records of their injury. After that, take pictures of where they were hurt and any resulting injuries. Write down what happened and who was there. Then, call Jeff Killino and the team at Child & Birth Injury Lawyers. Don’t talk to anyone else’s insurance company yet!

This is a great question, and it’s a big worry for many parents. But here’s the good news: You don’t pay us anything upfront! Child & Birth Injury Lawyers operate on a contingency fee basis. This means:

  • You pay no money to start your case.
  • We only get paid if we win your case, either through a settlement or a court decision.
  • Our payment is then a percentage of the money we get for your child. So, you can get top-notch legal help without adding more money worries. You can focus on your child. Contact Jeff Killino and the team at Child & Birth Injury Lawyers to discuss your child’s case at no cost.

Every case is different! Some simple cases with minor injuries might get settled in a few months. But cases involving serious injuries, especially if they affect a child’s brain or mean they need care for a long time, can take one to several years. Sometimes, it takes longer because we need to wait to see how your child truly heals. We need to know what their future needs will be. Our primary goal is always to ensure your child receives the full and fair compensation they need, not just a quick payment. We won’t rush a case if it means not getting your child everything they need for their whole life.

Many parents worry about this. However, the truth is that it’s unlikely your child will have to attend a full trial in court. Most child injury cases (approximately 95% of personal injury cases) are generally settled outside of court. This means we work out a deal with the other side’s insurance company or lawyers. If your child is very young, they almost certainly won’t have to go. If they are older, they might be asked to give a “deposition.” That’s when they answer questions under oath with a lawyer present, but it typically occurs in an office, not a courtroom. We prepare children very carefully for this. Our goal is to protect your child from more stress.

When your child is hurt, “damages” is the legal word for the money they can get to cover all their losses and suffering. For a child, this amount can be very large indeed. Why? Because their injury impacts their entire life. Not just today, but for many, many years to come. This money covers things like:

  • Past & Future Medical Bills: All hospital stays, doctor visits, surgeries, and medicines. All the medical care your child will need for the rest of their life. For severe injuries, these costs can be millions of dollars.

  • Pain & Suffering: For your child’s physical pain, emotional distress, fear, and how the injury changes their daily life.

  • Lost Earning Power: If the injury stops your child from working or earning money as an adult.

  • Special Equipment & Home Modifications: Funding for wheelchairs, home ramps, or specialized vans.

  • Therapies & Special Education: For physical therapy, speech therapy, counseling, or tutors.

  • Loss of Enjoyment of Life: For hobbies, sports, and fun they miss out on. We fight for every single one of these costs. Call Jeff Killino and the team at Child & Birth Injury Lawyers to talk about what money your child might deserve.

This is a common question, especially when kids are playing. The law understands that children are not adults. They don’t always understand danger in the same way. Many jurisdictions have rules that state a child’s “fault” depends on their age and level of understanding. A 5-year-old might not be judged the same way as a 15-year-old. Even if your child was partly at fault, you might still be able to be compensated for your injury. The amount could be reduced, though. It’s very important to discuss this with our Child & Birth Injury Lawyers who know child injury law. Don’t assume you can’t get help.

If the person who caused the injury (such as a driver or homeowner) doesn’t have insurance, it can make obtaining compensation more difficult. However, there might be other ways. Sometimes, other individuals or organizations may also be responsible. We will explore all possible ways to provide your child with money. Please contact our team at Child & Birth Injury Lawyers so we can explore all available options.

This is a significant concern for families, as bills can accumulate quickly. Often, your family’s health insurance, whether private, Medicaid, or CHIP, will cover initial medical bills. We will work with you to understand your options and try to make sure your child gets the medical care they need without you having to pay everything out of pocket right away. Money for medical bills is usually sought as part of the total lawsuit settlement.

Parents trust schools and daycares to keep children safe. When a child gets hurt there, it’s often because of negligent supervision (not enough adults watching, or adults not paying attention), unsafe equipment, or unsafe places. Schools and daycares have a legal duty to provide a safe environment. If they fail in that duty, they can be held responsible. For instance, a significant percentage of daycare facilities are cited for violations related to inadequate supervision annually. We can investigate what happened and whether the school or daycare was careless. Call Jeff Killino and the team at Child & Birth Injury Lawyers to discuss what happened at school or daycare.

We buy toys and products thinking they are safe. But sometimes, they are made with hidden dangers, or they break easily. This is referred to as a “defective product.” If a toy breaks and causes a child to choke, or a dresser falls over and hurts a child, the company that made or sold that product can be held responsible. This falls under an area of law known as “product liability.” Companies have a duty to make safe products. Contact Jeff Killino and the team at Child & Birth Injury Lawyers if a defective product injures your child.

Dog bites can be scary and cause serious injuries, especially to children’s faces. The dog owner is often responsible if their dog bites your child, especially if they knew their dog was aggressive or failed to control it. Children are the most common victims of dog bites, and over half of dog bite injuries in children occur on the head and neck. These injuries can leave lasting physical and emotional scars. We can help you hold the dog owner responsible.

This is a very, very critical point: there are time limits for filing lawsuits. These are referred to as “Statutes of Limitations.” If you wait too long, you could lose your right to bring a claim, no matter how strong your case is. It’s like a deadline. Acting early is ALWAYS critical! Evidence can get lost, and memories can fade. Therefore, please contact Jeff Killino and the team at Child & Birth Injury Lawyers immediately.

The legal system is very complicated. Insurance companies employ numerous lawyers. They do not work for you. They work to pay out as little money as possible. Our experienced child injury lawyers can protect your child’s rights. We know the laws. We know how to gather evidence. We know how to communicate effectively with insurance companies. We fight to ensure your child receives the full amount of money they need, not just what the insurance company is willing to offer. We understand the long-term impacts of child injuries, which often require millions in lifetime care. We can get you that justice.

Brain injuries, even “mild” concussions, are incredibly serious for children because their brains are still growing. A serious brain injury can affect a child’s learning, walking, talking, and behavior for their whole life. These cases are extremely complex and expensive. The lifetime cost of care for a child with a severe brain injury can easily reach $3 million to $ 50 million. You need a lawyer who understands brain injuries deeply, knows the medical experts, and can fight for this lifelong care. Jeff Killino and the team at Child & Birth Injury Lawyers handle these very complex cases.

This is when a doctor, nurse, or hospital makes a careless mistake that hurts your child. It could occur during birth or at any time a child receives medical care. These cases are extremely difficult to win because medical professionals have certain advantages in litigation. You need a lawyer who is thoroughly familiar with medical law. For example, pediatric patients are three times more likely to experience a medication error compared to adults. Jeff Killino and the team at Child & Birth Injury Lawyers have specific experience in medical malpractice and birth injury cases. We know how to identify and correct those mistakes.

To build a strong case, we need a substantial amount of evidence. A significant part of the case includes all your child’s medical records, such as hospital notes, doctor visits, therapy reports, X-rays, and MRI scans. Also, any photos or videos of the accident scene, your child’s injuries, or the dangerous item. We also need accident reports (police reports), and names and contact info for any witnesses who saw what happened. Don’t worry if you don’t have everything; we will help gather it all.

Car accidents are a leading cause of injury and death for children. If your child was hurt in a car crash, whether they were a passenger, on a bike, or walking, and another driver was at fault, we can help. Drivers have a duty to be careful. If they were speeding, texting, or distracted, they can be held responsible. We investigate crashes very carefully. We fight for children hurt in these crashes.

Property owners have a duty to maintain the safety of their land and buildings. If your child was hurt because of a dangerous condition on someone else’s property – like a broken railing, a slippery floor, an unfenced pool, or a dangerous playground – the owner might be responsible. This is called “premises liability.” Even if your child wasn’t supposed to be there, special rules known as “attractive nuisance” may protect children. We investigate all these situations.

This is the most challenging type of case, but it’s essential to know that legal assistance is available. When a child is harmed by neglect (lack of care) or abuse (intentional harm) by someone who should protect them, they can pursue a civil lawsuit. This is separate from any police investigation. These cases seek money for the deep physical and emotional scars caused. In a single year, over 600,000 children are confirmed victims of child abuse and neglect in the U.S.. We help families find justice when this unthinkable betrayal happens.

This is the most tragic situation imaginable. If your child passes away due to someone else’s carelessness or wrongdoing, it’s called a “wrongful death.” While no amount of money can ever bring your child back, a wrongful death claim seeks to hold the responsible parties accountable. It can provide financial support for funeral expenses, medical bills incurred before death, and compensation for your family’s profound emotional suffering and loss. Jeff Killino and the team at Child & Birth Injury Lawyers handle these heartbreaking cases with immense compassion and understanding.

We hope these answers help you understand your options and your rights. When your child is injured, it’s a terrifying time. But you don’t have to face it alone. My team and I at Child & Birth Injury Lawyers are here to fight for your child’s future.

Please, call our Child and Birth injury team today for a free, confidential consultation. We are ready to listen. We are ready to fight.

Common Questions

Birth injuries are actually more frequent than most people realize. The widespread idea that they’re isolated incidents is a misconception. In the U.S., approximately 7 out of every 1,000 births result in a documented injury during delivery. While that might sound like a small number, it translates into thousands of families impacted every year nationwide. A thorough awareness of these numbers is the best way to approach prevention and finding the right solutions for affected children.

It’s often challenging to find the best way to discuss such a painful topic openly. The silence around birth injuries is complex because no one wants to imagine harm coming to a newborn. There can also be a fear of blame for affected families, and sometimes a natural reluctance from parts of the medical community to openly discuss adverse outcomes. Our society’s tendency to focus on the joy of birth, though natural, can sometimes push the harder realities aside. For effective progress, open acknowledgment and a focus on prevention are the best path forward.

Among the most serious brain injuries a child can suffer during birth are Hypoxic-Ischemic Encephalopathy (HIE) and Neonatal Encephalopathy (NE). HIE happens when a baby’s brain doesn’t get enough oxygen or blood flow, often during labor. It occurs in 1 to 3 out of every 1,000 live births in developed countries and is a leading cause of conditions like cerebral palsy. Tragically, up to 60% of infants with severe HIE face profound disabilities or may not survive past age 2. These injuries underscore how critical prompt and correct medical action is during delivery; ensuring the best possible care in those moments can make all the difference.

Yes, it absolutely can. A cephalohematoma, which is bleeding under the baby’s scalp, occurs in about 2.5% of long, difficult vaginal deliveries. What’s truly concerning is that as many as 1 in 4 babies (25%) with a cephalohematoma also have an underlying skull fracture. While many cephalohematomas often resolve on their own, finding one can be a significant warning sign that excessive force was used during delivery. Always ensuring the best monitoring and follow-up is crucial, as even seemingly minor head injuries can have bigger implications for a child’s long-term well-being.

This is a challenging aspect, as some birth injuries occur unexpectedly. For instance, more than half (54%) of neonatal brachial plexus palsy cases happen without any recognized risk factors during pregnancy or delivery. Brachial plexus palsy is an injury to nerves in a baby’s neck and shoulder, causing weakness or paralysis. The fact that over half these cases occur without warning means that even in seemingly normal, low-risk deliveries, vigilance and correct medical technique are paramount. For the best understanding, open conversation and meticulous investigation are crucial to understanding why such injuries appear, even when initial signs are absent.

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