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Are there time limits for birth injury lawsuits?

There are different statutes of limitations depending on the nature of the birth injury claim. In the case of a deceased child, there is the potentiality of claims under both the Wrongful Death Act as well as the Survival Act. In the District of Columbia, there is a one-year statute of limitations for bringing an action for wrongful death and a three-year statute of limitations for a Survival Action. There are a number of different principles that apply whether a claim under either statute exists, and the statute of limitations can vary under certain circumstances. These are matters that our lawyers would discuss with you under the specific facts of your case.

In the case of a living child, there is the potential for multiple claims. A parent may bring a claim for certain damages, such as medical expenses, during the period of the child's minority or disability. The child, through a parent or guardian, would have a claim for his/her personal injuries (pain and suffering, mental anguish, etc.) and may well have a claim for future lost earnings, diminished earning capacity, future medical care and related expenses, and more.

Generally speaking, the statute of limitations for any parental claims is three years for a claim of medical negligence. For the child's claim, the statute is tolled—held in abeyance—until the child reaches age 18.  Upon reaching the age of majority, your child would then usually have three years in which to bring his/her lawsuit for claims and damages. This can potentially vary depending on the capacity of the child to bring suit on his/her own behalf. You should also be aware that there may be exceptions to these general rules. Under certain factual scenarios, the statute can be extended under well-recognized exceptions such as the discovery rule or the continuing course of treatment rule.

The determination of when the statute of limitations runs is a matter that our lawyers are prepared to analyze with you. Keep in mind that you should not delay the investigation of a claim. The obtaining of medical records, expert review and similar pre-trial investigative steps can take time to complete. It is always better that you contact us as soon as you can in order to avoid the potential bar of limitations to a lawsuit.

Nash & Associates LLC - Washington DC Birth Injury Lawyers

1025 Connecticut Avenue, N.W.
Suite 1012
Washington, D.C. 20036
800-690-7895