How Long Do You Have to Sue for a Birth Injury in New York?

The statute of limitations is the period within which you are allowed to file a case. If you go beyond this, it will no longer be accepted by the court, so it is important to be aware of some key details to ensure that your case gets heard.

Statute of Limitations in New York Birth Injury Cases

• The statute of limitations for birth injuries from medical malpractice have a general period of 2.5 years from the date of injury. But because birth injury cases involve children, the time limit is paused during infancy, so you will have up until the child turns 10 years old to file a claim. 
• New York State operates with the discovery rule, which means that even if an injury was not apparent at first and only discovered later, you may still be allowed to file a claim. However, the claim must fall within the 10-year window. 
• For cases involving wrongful death, the birth injury lawsuit may be commenced within 2.5 years from the death of the child. 
• New York State requires a certificate of merit for all medical malpractice claims, including birth injury cases. This is a certificate issued by a qualified medical professional after examining the case, attesting to the fact that there was medical malpractice involved. This requirement was set in place to prevent the filing of frivolous lawsuits, and is absolutely essential for filing claims. 

These cases are complex, and no two cases are the same. Depending on what type of injury your child has suffered, your exact deadline may vary, so don't hesitate to reach out to the Porter Law Group for assistance. We offer free, no-obligation consultations, and work on a contingency fee basis, so there are no fees unless we win your case.

View the results we've achieved for previous clients, and learn more about how we can help you recover compensation.

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Why Choose the Porter Law Group?

At the Porter Law Group, we understand the devastating impact that birth injuries can have on families. Our experienced team of attorneys is dedicated to providing compassionate, personalized legal representation to help you navigate this challenging time. We have a proven track record of success in birth injury cases and work tirelessly to hold negligent healthcare providers accountable for their actions.

How We Can Help

The Porter Law Group offers comprehensive legal support for families affected by birth injuries in New York. We begin by conducting a thorough investigation of your case, consulting with board-certified medical experts to determine if negligence occurred. Our team then builds a strong legal strategy, negotiating with insurance companies and, if necessary, representing you in court to secure the compensation your family needs. Throughout the process, we provide clear communication and unwavering support. We work on a contingency fee basis, so there are no up-front costs, and you won't have to pay anything unless we win your case.

Contact Birth Injury Attorneys Today

If your child has suffered a birth injury in New York, don't face this challenging time alone. The Porter Law Group is here to help you seek justice and secure the compensation your family needs to provide the best possible care for your child. We offer free, no-obligation consultations to discuss your case and explain your legal options. Our team works on a contingency fee basis, meaning you don't pay unless we win your case.

Take the first step towards justice for your child by contacting the Porter Law Group today. Call our toll-free number at 833-PORTER9 to speak with our compassionate staff, or fill out our online form and schedule your free consultation. Let us put our experience and dedication to work for your family as we fight for the compensation and care your child deserves.