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

Transcript

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.