While families do not have to rush to get a birth injury lawsuit filed, they should be aware of state-mandated time limits. Birth injury victims technically fall under the statute of limitations listed in New York Civil Practice Law & Rules §214-a, which establishes their filing deadline as being two years and six months from the date the injury occurred. However, per this law, the statute can be tolled for as long as ten years if the victim was a newborn when they were injured.
The timing of a case filing is imperative to its success. Filing too soon can mean an incomplete or rushed case, but filing too late could cause the plaintiff to miss the deadline. Potential plaintiffs in a birth injury case should discuss when to file their lawsuit with a birth injury lawyer in Schenectady.