How Long Can You Wait to Recover Damages for Birth Injuries?
Sometimes, labor and delivery do not go as planned. If there is an emergency or something unexpected happens, it is only natural for a parent to worry about the health and well-being of their newborn. You might watch your child closely for any signs of birth injuries, which sometimes can be slow to progress and difficult for parents to identify.
Each child is different, with different developmental paths and abilities. You might not worry that your child is not crawling or saying words yet, since you assume they are simply on a different timeline. However, as other children the same age progress rapidly, you might notice that your child is falling significantly behind in their physical or cognitive development.
In this situation, what you are noticing might be a sign of a birth injury. You should not delay in having an Ohio birth injury lawyer evaluate what happened and advise you whether a medical professional could be liable for your child’s injuries. If your child suffered a preventable birth injury, our legal team can help you seek the compensation you and your child deserve.
How Long Do You Have to Seek Compensation?
As you are likely focused on raising your child and ensuring any special needs are properly met, it is common to wonder how long you can wait before you start the legal process of seeking recovery for a birth injury. Technically speaking, Ohio law allows you to file a birth injury lawsuit for your child’s injuries until their 19th birthday.
That being said, it is not wise to wait years before you begin the process. For a successful birth injury claim, you must present evidence of negligence, evidence that the negligence caused the birth injury, and evidence of the full extent of effects on your child. Medical records, witness accounts, and other evidence gets harder to obtain the longer you wait. It is often beneficial to have a lawyer start this evidence-gathering process as soon as you become aware of your child’s injury. Once the key evidence is gathered and analyzed, your birth injury attorney can consult with you about the best approach for when to file suit.
In addition, your child’s care while they grow up might be costly, and it can be beneficial to seek compensation for your future losses earlier in your child’s life, so you have the financial means to cover your child’s treatment and special needs. It is best to consult with a birth injury attorney sooner rather than later.
If your attorney believes that your child suffered a birth injury due to medical negligence, they can start gathering information and records right away. However, they might not file a claim immediately. In some cases, it is best to wait a little while to determine the full scope of the effects of your child’s injuries before filing a claim. An experienced birth injury lawyer should work with you to determine the best time to file suit in your case.
Contact Our Ohio Birth Injury Lawyers as Soon as Possible
While you have until your child turns 19 to file a birth injury claim, we recommend that you speak with The Eisen Law Firm right after suspecting that a birth injury occurred. Call 216-687-0900 or contact us online for a free case evaluation.