What is the Statute of Limitations for Cerebral Palsy Lawsuits?

What is the Statute of Limitations for Cerebral Palsy Lawsuits?

Every state has a deadline for filing a cerebral palsy lawsuit. Miss it, and you’re done—no lawsuit, no compensation, no shot at holding anyone accountable. Some deadlines give you years. Others give you months. And in some places, the clock might have already started ticking without you realizing it.

Here’s the simple version: depending on where you live, you might have anywhere from one year to a decade to file a claim. But waiting is a gamble, and the stakes are your child’s future.

At Cerebral Palsy Lawyer Alliance, our network of lawyers works nationwide. Call (888) 894-9067 and get connected with a local attorney who can explain your legal options and help you figure out your deadline—before it’s too late.

What Is a Statute of Limitations?

The law doesn’t wait around forever. Every state imposes a strict legal deadline for filing a lawsuit, called a statute of limitations. It applies to cerebral palsy lawsuits just like it applies to personal injury, wrongful death, or medical malpractice claims. And if you miss that deadline? There’s no lawsuit. No courtroom. No settlement. It’s done.

Courts expect lawsuits to be filed while evidence is fresh and before memories fade. The longer you wait, the harder it becomes to prove what happened, and judges don’t like cases built on half-memories and incomplete records.

This isn’t exclusive to birth injury cases. But in cerebral palsy lawsuits, the rules hit harder because:

• Many parents don’t realize there’s a problem until months—or years—after birth.
• Some states start counting down the statute of limitations immediately, while others allow extra time if the injury wasn’t immediately apparent.
• Legal deadlines vary from state to state. There’s no federal standard for these cases.

If you’re considering legal action for your child’s cerebral palsy diagnosis, the statute of limitations will determine whether the case gets filed at all.

How the Statute of Limitations Works in Cerebral Palsy Lawsuits

The basic framework is this: each state writes its own laws setting time limits for filing lawsuits. In most cases, cerebral palsy lawsuits must be filed within one to three years of the injury. Some states start counting from the date the injury happened. Others delay the start date under something called the Discovery Rule—where the clock doesn’t start ticking until the injury is discovered, or should have reasonably been discovered.

For example:

• California gives plaintiffs three years from the date of injury, or one year from when they discovered (or should have discovered) the injury, whichever comes first. This is codified in California Code of Civil Procedure § 340.5.
• In Texas, the law under Texas Civil Practice and Remedies Code § 74.251(a) requires filing within two years from the date of the malpractice.

And while the Discovery Rule helps families who don’t immediately know something went wrong, not every state offers this legal cushion. Some states apply it strictly, and others offer no such protection at all.

Factors That Impact the Filing Deadline

The State You Live In

The state where the injury happened usually controls the rules. And those rules aren’t universal. Some states stick to strict, no-nonsense deadlines. Others leave room for certain exceptions. For example:

• North Carolina sets the bar at three years from the date of injury or one year from discovery, with an absolute deadline of four years under N.C. Gen. Stat. § 1-15(c).
• Meanwhile, Kentucky trims it down to one year from the date the malpractice occurred or from the date the injury was discovered under KRS § 413.140(1)(e). One year is not much time when you’re dealing with medical records, complex diagnoses, and the realities of raising a child with special needs.

If the injury happened in one state and the family moved elsewhere, it’s usually the state where the malpractice occurred that governs the timeline. Courts follow that law, even if the family no longer lives there.

Date of Discovery vs. Date of Injury

This distinction changes everything. Some states measure time from the actual date the injury took place—like the day of delivery or a specific medical procedure. Others delay the countdown until the injury is discovered or should have been discovered through reasonable diligence.

Take Nevada, for example. Under Nev. Rev. Stat. § 41A.097, a claim must be filed within three years of the date of injury or one year after discovery. If parents don't realize their child has cerebral palsy until developmental milestones are missed months (or years) later, the discovery rule may buy extra time. But in Nevada, the three-year outer limit still applies no matter when the injury is discovered.

On the other hand, Virginia offers a flat two-year deadline under Va. Code § 8.01-243(A) for medical malpractice claims, with limited exceptions. It doesn’t extend the time just because the diagnosis came late.

Victim’s Age

When the injured party is a child, most states recognize they aren’t in a position to file a lawsuit themselves. Laws extend—or toll—the statute of limitations until the child reaches adulthood. But those extensions aren’t limitless.

In Tennessee, the law under Tenn. Code § 29-26-116 sets a three-year deadline from the date of injury. However, for minors under 18, the statute is tolled until they reach the age of majority. Despite that, there’s a three-year statute of repose, meaning claims must still be brought within three years, with some exceptions.

Defendant Type

Who you sue matters. If the defendant is a government-run hospital, school, or healthcare provider, the rules get stricter and the deadlines shorter. Sovereign immunity laws protect government entities and impose additional steps before you can even file a lawsuit.

For example, in New Jersey, any claim against a public entity requires a formal notice of claim to be filed within 90 days under N.J. Stat. § 59:8-8. Miss the notice period, and your lawsuit likely won’t survive. After that, you have two years to file suit—but the early notice requirement catches many families off guard.

Different deadlines and requirements exist depending on whether you sue an individual healthcare provider, a private hospital, or a public medical facility. And in some states, those differences can shave years off your window to act.

What Happens If You Miss the Deadline?

Well, if you’ve been paying attention, you’ll know by now that when the window to file closes, so does any chance of negotiation. Hospitals and insurance companies have zero incentive to offer a settlement if they know you can’t sue. Lawsuits—and the threat of them—are what push defendants to the negotiating table. Without the legal option in play, there’s no pressure to resolve the claim.

Rare Exceptions, and Why They’re a Long Shot

Some states offer exceptions to the rule, but these are rare and difficult to qualify for. Courts require clear, documented reasons why the plaintiff didn’t or couldn’t file on time. A common example is fraudulent concealment, where a doctor or hospital hides facts about the injury or the malpractice that caused it. If a provider deliberately covers up what happened, some courts may allow more time to file under laws like California’s CCP § 340.5, which extends the statute in cases of fraud.

But proving fraudulent concealment isn’t easy. It demands evidence showing intentional deception, not just a lack of disclosure. Courts expect families to act with reasonable diligence once they suspect a problem.

The Statute of Repose: A Hard Stop

Even if a state allows more time under the discovery rule or tolling for minors, many impose a statute of repose—an absolute deadline. After this period runs out, no lawsuit is allowed, no matter when the injury was discovered or whether the child is still a minor.

For example:

• Texas Civil Practice and Remedies Code § 74.251(b) sets a 10-year statute of repose for medical malpractice cases.
• Florida Statutes § 95.11(4)(b) has a 4-year statute of repose, and a 7-year cap in cases involving fraud or intentional concealment.

Once those final limits expire, there’s no legal workaround. The statute of repose draws a permanent line, and it doesn’t move.

Courts take these deadlines seriously because statutes of limitations serve a purpose: encouraging people to bring claims while the evidence is still available and reliable. Whether that feels fair or not depends on which side of the courtroom you’re sitting on. But the law makes no distinction. When time’s up, it’s up.

Why You Should Act Fast

By now, it should be clear that the law doesn’t reward waiting. Time limits aren’t suggestions; they’re rules that end the conversation before it starts. And beyond the legal deadlines, there’s a practical side to acting fast. The longer you wait to build a cerebral palsy case, the harder it becomes to get the evidence you need. That’s not fear-mongering—it’s how cases fall apart.

Medical Records Don’t Stay on the Shelf Forever

Hospitals and doctors have retention policies that determine how long they keep patient files. In California, for example, hospitals are required to maintain records for seven years under 22 CCR § 70751. Pediatric records must be held until the patient turns 19 or for seven years after discharge, whichever is longer. Once those records are gone, there’s no getting them back. If a case relies on documentation that has vanished, proving malpractice becomes an uphill battle.

Even when records still exist, they may not be easy to access. Some healthcare providers drag their feet on releasing files. Others “lose” them. None of that helps your case, and delays only make it worse.

Witnesses Move On

Doctors retire. Nurses switch jobs. Staff members relocate across the country. The people who were in the delivery room won’t stay there forever. Tracking them down years later—assuming they remember anything at all—is an unnecessary obstacle. Testimony weakens as memories fade, and no court treats “I’m pretty sure” as reliable evidence.

Expert Reviews Take Time

Medical malpractice cases require expert opinions. Most states demand that plaintiffs provide an affidavit or certificate of merit confirming that the claim has been reviewed by a qualified healthcare professional. Texas Civil Practice and Remedies Code § 74.351(a) gives plaintiffs 120 days after filing to serve each defendant with an expert report.

Finding the right expert, giving them time to review thousands of pages of records, and writing a comprehensive report doesn’t happen overnight. Starting early gives your legal team breathing room to get it right.

Early Action Increases Leverage

Insurance companies and hospital attorneys pay attention to deadlines. If they know you’re serious and have filed a claim on time, they’re more likely to engage in negotiations. On the other hand, if you delay, you lose any leverage you had to push for a settlement. Without the threat of a lawsuit hanging over them, they have no reason to offer compensation.

Waiting Risks Losing Everything

As mentioned previously, missing the statute of limitations or statute of repose means the case ends before it begins. But even if you’re technically within the deadline, waiting makes the case weaker. The sooner you act, the stronger your position—legally and practically. Evidence is fresher. Witnesses are available. Records are complete.

And when it comes to a cerebral palsy diagnosis tied to medical negligence, timing makes a measurable difference. Not because the law says so, but because reality does.

Don’t Let the Clock Run Out on Justice

Time doesn’t slow down just because things are hard. Deadlines pass. Evidence disappears. And once the window closes, no one reopens it. If you believe medical negligence caused your child’s cerebral palsy, the time to act is now—not tomorrow, not next year.

At Cerebral Palsy Lawyer Alliance, our network connects families with experienced lawyers across the country who know these cases inside and out. Call (888) 894-9067 today, and a local attorney will explain your legal options and help you move forward before time runs out.