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California Statute of Limitations for Birth Injuries


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Unfortunately, birth injuries are relatively common. Birth injuries are typically associated with the negligent actions of nurses and doctors, and parents can potentially pursue medical malpractice claims. Was your child harmed due to the negligent actions of a medical team? If so, you might have grounds to pursue a claim against the hospital where the incident happened.

When considering pursuing a medical malpractice claims, it is important for claimants to have a thorough understanding of the deadlines that apply to their specific situation. All claims are subject to deadlines – or a statute of limitations – which determine the total time that claimants have to sue. If they fail to file within this deadline, claimants could lose their right to take any legal action.

What deadline applies to my claim? How long do I have to file a medical malpractice claim? If you have any of these questions, it is important that you seek legal assistance immediately to get a better understanding of the time that you have to sue. You can trust the experts at Downtown L.A. Law Group to provide you with the guidance that you need to file your claim on time.

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How Long Do You Have to Sue?

Statute of limitations is a federal or state law that requires certain legal proceedings to be brought within a certain time frame.  In criminal cases, once a statute has run out, an individual may no longer initiate legal proceedings.  In civil cases, a plaintiff is barred from filing a lawsuit once the statute of limitations has run out. 

For both civil and criminal situations, each type of claim or charge has a different time limit. For example, a potential plaintiff has 4 years from the date of the breach to file a lawsuit for a breach of contract claim, but only 2 years from the date of an accident to bring an injury claim. For a complete list of California civil statute of limitations laws, click here…

For medical malpractice, an individual has 3 years from the date of the injury, or 1 year from the date the injured person discovered or reasonably should have known of the injury, whichever comes first.  One exception in most civil statute of limitations rules is for minors.  For minors, the individual has until they turn 18-years-old, PLUS the statutory period to file a lawsuit.  Therefore, in our injury example from above, where the person has a 2 year limit, they have until their eighteenth birthday, plus 2 years.  Therefore, they have until they reach the age of 20-years-old to file a lawsuit.

However, California imposes different rules for minors in medical malpractice claims. California medical malpractice for minors is governed by California Code of Civil Procedure §340.5.  Under this rule California medical malpractice begins at the age of 6.  Therefore, the statutory period would begin after they turn 6-years-old.  However, for medical malpractice claims relating to minors under 6-years-old, the lawsuit must be filed within three years of the date of the malpractice, OR before the child’s eighth birthday, whichever one is greater.  Therefore, minors who have suffered from a birth injury essentially have eight years to file a medical malpractice claim. California also has a special birth injury statute in California Code of Civil Procedure §340.4, but it basically is read the same as CCP §340.5, and case law has found that §340.5 is appropriate.

If you are unsure of the total time that you have to pursue your medical malpractice claim for a birth injury, do not hesitate to seek legal assistance as quickly as possible.

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Contact Downtown L.A. Law Group Today

At our firm, we are completely dedicated to providing victims and their families with the guidance that they need to reach successful claim outcomes. We have successfully represented countless victims and helped them recover the compensation that they are owed. Would you like to discuss your birth injury medical malpractice claim with the experts at our firm? If so, contact us today.

We understand that it could be difficult to access legal services; therefore, we offer free consultations and free second opinions, which allow affected parties to speak with our experts without ever having to worry about expensive legal fees. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns – providing you with the guidance that you need to reach a successful claim outcome. Are you ready to discuss your claim with the experts at our firm? If so, contact us immediately.

We offer a Zero-Fee guarantee, meaning that our clients will not be required to pay upfront legal fees for our legal services. Additionally, our firm is based on a contingency structure; therefore, our clients will not be required to pay anything until after winning your claim.

If you are ready to discuss your claim with the experts at our firm, contact us immediately. We are ready to help you file your claim on time.

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