It is important to understand the Missouri statute of limitations for birth injury claims and how it may affect your compensation.
Most lawsuits have a statute of limitations which must be adhered to. This includes birth injury lawsuits, when the parents or guardian of a child are claiming that negligent actions by medical staff resulted in injury to a newborn during labor and/or delivery. It is important that you understand what the Missouri statute of limitations is for such claims and how it may affect your compensation. Contact our Missouri birth injury attorney from Zevan and Davidson LLC the moment you recognize that your child has been injured. The quicker action is taken, the better your chances of receiving your rightful compensation.
What is the Statute of Limitations?
The statute of limitations refers to the time period in which a claim or charge may be legally filed. The exact time frame varies depending on the type of lawsuit being filed. In addition, there are state mandated regulations that will differ in different parts of the United States. If you do not file your birth injury lawsuit within Missouri’s given deadline, the defendant will challenge it and the case may not be allowed.
What makes birth injury lawsuits different is that the statute of limitations is often accompanied by a discovery rule. If a birth injury is not detected until years after the birth, the statute of limitations will begin from the time the birth injury was diagnosed. This allows for cases to still be heard even when the symptoms of a birth injury do not present themselves until years after the fact.
This does not give you cause to delay filing your lawsuit however. It is still important that you begin the process of filing a lawsuit as quickly as possible. Prolonging the proceedings can raise the risk of crucial evidence being lost and witnesses losing clear memory of what transpired during the labor and delivery.
Birth Injury Statute of Limitations in Missouri
If the birth injury is obvious immediately and you contact a Missouri birth injury attorney right away, there should be no need to worry about the statute of limitations. The attorney will attend to all of the paperwork and ensure that it is filed before the due date. As mentioned previously though, there are circumstances where the injury is not noted until years after the fact.
In Missouri, you have two years after the date of the injury or the discovery of the injury to file a lawsuit. This is up until ten years after birth. Once the child reaches the age of eighteen, the child may file the claim on their own behalf but only before they reach their twentieth birthday.
Missouri Birth Injury Lawyer
A Missouri birth injury attorney will be able to assist you in determining if you are within the statute of limitations for filing a birth injury claim. If your child is exhibiting signs of delayed development and the pediatrician suspects a brain trauma during birth may be the cause, call Zevan and Davidson Law Firm at (314) 588-7200.