Your son or daughter can suffer an injury during childbirth. Based on Maryland’s birth injury statute of limitations, you have only a limited amount of time to file a lawsuit against anyone responsible for your child’s injury. With help from a Maryland birth injury lawyer, you can submit your claim before the deadline to do so expires.
The Snyder Law Group, LLC makes it easy to connect with an experienced birth injury lawyer in Maryland. Our attorney will review your claim right away and file your lawsuit in accordance with Maryland’s birth injury statute of limitations. To get started, please reach out to us.
What Is the Statute of Limitations for Birth Injury Cases in Maryland?
In Maryland, the statute of limitations for a personal injury is either three or five years from the date of discovery. If you discover a birth injury years after your child was born, you have three years from the date to sue anyone responsible. Comparatively, if a doctor or someone else caused your child’s injury at birth and you are aware of the injury as soon as it happens, you have up to five years from this date to sue.
With a birth injury case, you can submit a medical malpractice or wrongful death claim. A birth injury attorney in Maryland understands the medical malpractice time limit and wrongful death time limit. They will make sure your claim is submitted in alignment with the deadline to file.
At The Snyder Law Group, LLC, we have helped plaintiffs secure large settlements in birth injury cases and many other personal injury lawsuits. Our Maryland birth injury attorney is available to evaluate your case and determine if you have a valid claim for compensation. For more information, please get in touch with us.
What Are Some Exceptions to the Statute of Limitations?
There is a minor exception to the statute of limitations for birth injuries in Maryland. This exception applies to a child who was under the age of 11 when they were injured. For a minor child, the window for their parent to file a medical malpractice lawsuit opens at the age of 11.
Some exceptions apply to kids under the age of 16 as well. If a child suffered a birth injury that impacted their reproductive system or caused a foreign object to be left in their body, the statute of limitations for submitting a claim opens at age 16. In this situation, a child has the option to file a birth injury claim when they are an adult.
It is difficult to recognize the signs of an undiagnosed birth injury. If you believe your child is dealing with an injury that may date back to their birth, consult with a doctor. Then, a doctor can diagnose and treat your child’s injury, and you may be able to sue anyone who caused this injury to happen.
How Can You File a Claim After the Deadline Has Expired?
You can file a claim if a doctor or someone else did not disclose information about a birth injury. For example, you may find out many years after your child suffered a birth injury that a doctor hid information about the injury from you. You may be able to claim fraudulent concealment, which could give you additional time to file a claim.
If you are weighing the pros and cons of a birth injury claim, look for a lawyer who knows the ins and outs of tolling provisions and disabilities law. Your attorney reviews your case and learns as much as they can about it. From here, they will determine if you have a compelling argument, and if so, will file your claim before it becomes too late to do so.
Along with submitting your claim, your lawyer helps you gather evidence to support your case. They will search for signs that your child’s birth injury could have been prevented. Your lawyer also crafts an argument that compels a judge or jury to award you the most compensation possible.
What Happens if I Do Not File a Claim Within Maryland’s Statute of Limitations for Birth Injuries?
If you choose not to submit a claim within the statute of limitations for birth injury malpractice in Maryland, you cannot file your lawsuit at a later time. At this point, you are solely responsible for any costs relating to your child’s injury. These costs can total tens or hundreds of thousands of dollars, and you will have to pay them out of your own pocket.
For those who are unsure if they have a legitimate claim based on their son or daughter’s birth injury, meet with an attorney. This gives you the opportunity to discuss your case and find out what legal options are available. Your attorney will explain how much money you may be able to get if you move forward with a birth injury lawsuit.
You can request any amount of economic compensation for medical bills and other quantifiable losses in a birth injury lawsuit in Maryland. Conversely, there is a cap on non-economic damages for pain, suffering, and other subjective losses in medical malpractice lawsuits.
What It Takes to File a Maryland Birth Injury Lawsuit Within the Statute of Limitations
One of the best things you can do is set up a date and time to discuss your child’s birth injury with an attorney. During your meeting, you can share your legal concerns and questions. The lawyer will explain how a personal injury lawsuit works and what can happen if you file a claim.
It may seem challenging to submit a birth injury claim, but doing so supports the best interests of your child and yourself. The claim allows you to force anyone responsible for your child’s injury to take accountability for their negligence. It also enables you to get compensation that you can use to treat your child’s injury now and in the future.
The Snyder Law Group, LLC is committed to helping kids who suffer birth injuries and their families in any way we can. We advocate for you and protect your legal rights. To find out more or schedule a free case consultation, please contact us online or call us at 410-755-5829.