My Child Suffered a Birth Injury 20 Years Ago. Is It Too Late to Start a Lawsuit?

Few experiences match the anguish of discovering that your newborn suffered a birth injury, particularly if you suspect it was preventable. The prospect of navigating legal avenues to seek justice may seem daunting, especially if years have passed since the occurrence.

Understanding the intricacies of the statute of limitations is pivotal for anyone considering a birth injury claim. These legal nuances come into play not only for recent incidents, but also when considering actions two decades after the event, shedding light on the complexities involved in navigating the temporal constraints of legal proceedings.

However, it’s essential to understand that it is never too late to investigate your legal options. With proper guidance and advocacy, families can hold negligent parties accountable and secure the financial resources needed to support their child’s ongoing care and well-being.

In this article, we will delve into the legal landscape surrounding birth injury cases, addressing the concerns of parents considering legal action long after the initial incident.

Understanding Birth Injuries

Before examining the legalities, it’s crucial to understand what constitutes a birth injury. Birth injuries occur during the labour and delivery process, resulting in harm to the newborn. These injuries can range from minor bruising to severe conditions such as Cerebral Palsy, shoulder dystocia, or brain damage.

In cases of birth injury, it’s essential for parents to be aware of their legal rights and options, regardless of how much time has passed since the incident. Seeking advice from seasoned legal experts enables families to advocate for justice and obtain the necessary compensation to support ongoing care and recovery for their child.

The Clock Starts Ticking: How the Statute of Limitations Applies

In the Canadian legal landscape, a birth injury claim is bound by a two-year statute of limitations. However, this timeframe doesn’t align with the moment of birth. The initiation of the two-year period is contingent on specific circumstances.

Contrary to commencing at birth, the clock starts ticking two years after the individual becomes aware of the injury, recognizes its roots in negligence or malpractice, and acknowledges the need for legal intervention.

Additional provisions come into play to safeguard minors, deferring the onset of the two-year period until the minor reaches the age of majority at eighteen. If incapacitation persists at this juncture, the countdown only commences upon the regaining of capacity.

In cases where the child remains incapacitated beyond their eighteenth birthday, the clock starts ticking from the point of their legal guardianship appointment. The appointment of a litigation guardian holds significance in this legal framework. If such a guardian is assigned, the two-year period kicks off with the appointment, underscoring the importance of guardianship in shaping the legal timeline.

The Rationale Behind the Statute of Limitations

The two-year statute of limitations for personal injury claims, including birth injuries, primarily exists to protect defendants. While opinions on the appropriateness of this timeframe may vary, legal experts agree that an extended limitation period could pose risks for defendants.

The established two-year period is presumed to afford both plaintiffs and defendants sufficient time to engage in legal representation, conduct research, gather evidence, and complete the required paperwork. Striking a balance is crucial to prevent potential issues like witness unavailability or memory lapses.

Litigation Guardian: A Pivotal Factor

It’s important to note that potential defendants can expedite the commencement of the two-year period by petitioning the court to make the appointment of a litigation guardian. This manoeuvre effectively triggers the countdown, regardless of the minor’s age or capacity.

The Importance of Timely Action

Prompt action ensures that birth injury lawyers can collect and preserve crucial evidence in the incident’s immediate aftermath. Timely initiation also allows for comprehensive information gathering, witness interviews, and the prompt filing of necessary court documents. Waiting too long may constrain lawyers within the limitations period, leading to rushed proceedings.

When can you initiate a birth injury claim?

Simply put, a minor has up to two years after turning 18 to file a birth injury claim. However, an exception exists: if a litigation guardian is appointed during their minority period, the two-year window opens immediately.

It’s important to know that the opposing party can petition the court for a litigation guardian, jumpstarting the countdown, irrespective of the minor’s or incapacitated person’s awareness.

From Questions to Solutions: The Expertise of a Birth Injury Lawyer

As we delve into pursuing a birth injury lawsuit, the interplay of limitation periods, exceptions, and notice requirements becomes evident. The complexity increases when the injured party only becomes aware of the injury or loss years after its occurrence.

Given the multifaceted nature of birth injury claims and the intricate complexities surrounding the statute of limitations, it is critical for affected families to seek professional legal guidance. Experienced lawyers specializing in birth injury litigation can provide invaluable insights and advocacy throughout the legal proceedings.

A birth injury lawyer can offer tailored advice, navigate the nuances of the statute of limitations, and ensure that affected individuals understand their rights and options. By enlisting the support of legal professionals, families can pursue justice and compensation for birth injuries effectively and responsibly.

Committed Legal Assistance From Sommers Roth & Elmaleh

Families whose child suffered a birth injury 20 years ago may still have access to legal remedies, notwithstanding the passage of time. The first step for families considering legal action is to consult with a qualified lawyer specializing in medical malpractice.

At Sommers Roth & Elmaleh, our birth injury lawyers can assess the case details, determine the applicable statute of limitations, and advise on the feasibility of pursuing a lawsuit. Our goal is to secure just compensation for the distress and hardship endured.

Call 1-844-940-2386 to speak with our legal professionals and schedule your free consultation, or contact us here. No fees are required until your case is won or settled.