What Is The Statute Of Limitations For Birth Injury Cases In Virginia?


There is a statute of limitations that affects claims from minors. A parent has five years in which to bring a claim to recover medical expenses incurred in treating the minor child’s problem. The minor child himself has ten years in which to bring a claim. The mother’s emotional distress claim for those injuries has a two-year statute of limitations. So if you’re thinking about investigating a potential case of birth injury, you need to keep the two-year deadline in mind.

What Birth Injuries Can You Help With?

If your child has been injured during birth, we can help, given that it is within Virginia’s statute of limitations for birth injury cases. Some of the injuries we see include:

  • Cerebral palsy

  • Erb’s palsy

  • Klumpke’s palsy

  • Brain injury

  • Cephalohematoma

  • Seizure disorders

  • Paralysis

  • Wrongful death

This is not an exhaustive list, so please give us a call if you have any questions.

What Types of Maternal Emotional Distress Can You Help With?

The impact of a child’s birth injury can be huge for the mother. If your child was injured during birth, you’re all too familiar with the emotional toll it has taken for you as a mother or as the other parent involved. Common types of emotional distress we see in these cases include:

  • Depression

  • Anxiety

  • Post-traumatic stress disorder

  • Inability to sleep

  • Feelings of humiliation

  • Feelings of fear

Having these feelings, thoughts, and experiences medically documented will help when you file a lawsuit.

And remember--even though it can be overwhelming just to have to cope with these potentially severe and long-lasting effects, it is important to act quickly, within Virginia’s statute of limitations for emotional distress occurring with a birth injury. Give us a call at Shevlin Smith to learn how to get started.

The Shevlin smith difference

  • Serving Virginia & D.C. Since 1986

    Our firm has earned a reputation as a top personal injury and medical malpractice firm. We have the ability to give your case the representation and attention it needs and deserves.

  • Trial-Tested Attorneys

    We believe the fight isn’t over until you are fully satisfied. While we always strive to resolve our clients’ cases, we are prepared to pursue litigation if necessary.

  • Honest & Personalized Attention

    From the moment you call us, our team provides you with a straightforward and personalized assessment that focuses on the unique details of your case.

  • Experienced & Dedicated Counsel

    Shevlin Smith has over 130 years of combined legal experience and we have the tools and resources to effectively advocate on your behalf.

Experience Matters. 
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