If you or your child was injured during the labor and delivery process, you may be able to file a birth injury claim in Chicago. However, there are strict deadlines for filing a claim that you must be aware of.
The time deadline for birth injury claims can be complicated because the victim is so young when the injury happens, and because birth injuries are not always immediately apparent. This is why it’s so important to get the right legal help from a birth injury lawyer in Chicago. Gill Ports Hoste LLC will ensure you never miss a deadline if you trust our team with your case.
You can give us a call today to schedule a free consultation and learn how we can help, or you can read on to learn more about how long you have to file a Chicago birth injury claim.
Deadline for filing a birth injury claim in Chicago
According to Illinois Code section 13-212, there is a general two-year statute of limitations for pursuing a claim based on medical negligence or medical malpractice.
This is the statute of limitations that would apply if, for example, a mother who was harmed during the labor and delivery process wanted to bring a claim against her own doctor for her personal losses.
However, the same statute also provides that the deadline for medical negligence claims differs when it involves a situation where the victim entitled to pursue a cause of action was under the age of 18.
When the victim is a child at the time of their injury, the deadline extends to eight years from the incident that caused the harm. However, no claims can be brought after the child’s 22nd birthday.
FREE CONSULTATIONS
Reach Out to a Birth Injury Lawyer in Chicago
Special exceptions may also apply to the birth injury claim deadline
There may also be other special exceptions that apply and that affect when you can make a birth injury claim.
For example, Illinois has a discovery rule, which specifies that the deadline for filing a birth injury claim may not start running until the child’s injuries are discovered, or reasonably should have been discovered.
This means when an injury is not immediately apparent, the timeline for the statute of limitations may start running years after the initial incident.
Illinois also has special rules in place for disabled individuals as well, since a qualifying disability sometimes tolls or pauses the statute of limitations until two years after the disability ends.
The complexity of understanding the specific deadline that applies in your claim is a key reason to get professional legal help with your claim.
An experienced Chicago birth injury lawyer can help you to understand the time deadlines
If you do not file your birth injury claim before the statute of limitations expires, you will not be able to pursue a claim. That’s why missing deadlines must be avoided.
Gill Ports Hoste LLC can help to ensure you file your claim on schedule and will work with you to understand exactly when the statute of limitations starts running and when it ends.
Give our Chicago birth injury lawyers a call today to schedule a free consultation and find out more about how we can help you protect your claim and pursue justice.