Cerebral Palsy Statute of Limitations
Cerebral palsy statutes of limitations limit how long parents or guardians have to take legal action against negligent hospitals, doctors, or healthcare providers who caused a child's cerebral palsy.
What Are Statutes of Limitations?
Statute of limitations (SOLs) are legal deadlines to file a lawsuit. In birth injury or cerebral palsy cases, it limits how long parents or guardians have to take legal action against negligent healthcare providers who caused a child's birth injury.
Deadlines vary by state and by case type but generally fall into three categories:
Medical malpractice (birth injury) - Typically 2-3 years from the date of injury or when the injury should have been discovered.
Minor tolling exceptions - Many states will "pause" the clock until the child reaches 18, though they often cap it (e.g., the case must be filed by age 20).
Wrongful death - Usually 1-3 years from the date of the child's death.
The best way to make sure your child's claim is filed properly and within your state's statute of limitations is to work with an experienced cerebral palsy lawyer.
How Long Do I Have to File a Cerebral Palsy Lawsuit?
The deadline to file a cerebral palsy lawsuit varies by state. In most cases, states will allow anywhere from 1-3 years from the date of injury or from the date you discovered (or reasonably should have discovered) that malpractice may have caused your child's birth injury.
Cerebral palsy is often not diagnosed until 18-24 months later. Signs of malpractice, such as missed fetal distress, untreated jaundice, or delayed C-section, may not be noticed until years after birth. Further, medical records may reveal negligence only after a detailed legal and medical review.
What Is the "Discovery Rule"?
Because many cases of CP are discovered years after birth, some states have special exemptions called discovery rules, to allow families more time to file medical malpractice lawsuits.
For example, if a child was born in 2020 but wasn't diagnosed with cerebral palsy until 2023, and parents only discovered in 2024 that a delayed C-section likely caused it - the statute may begin counting down from 2024, not 2020.
What Is the "Minor Tolling" Rule?
Nearly every state has a special rule for minors that pauses the statute of limitations until the child reaches 18 years of age. This is called "tolling." However, many states also impose a "statute of repose", a hard deadline after which no lawsuit can be filed, regardless of when the injury was discovered.
Some examples of states with minor tolling are:
- Illinois allows lawsuits until the child's 8th birthday for birth injury cases.
- Texas requires lawsuits to be filed by age 14, even with tolling.
This is why talking to a cerebral palsy lawyer, even before you have an official diagnosis, is important. Waiting too long can permanently prevent your right to financial compensation.
Cerebral Palsy Statute of Limitations by State
Each state has its own statute of limitations with different deadlines and limits for filing medical malpractice lawsuits. Check out the list below to find out your state's statute of limitations updated for 2025.
Mobile users: Scroll to the right for more information on the table.
| State | By Parents | By Child | Discovery Rule | Wrongful Death |
|---|---|---|---|---|
| Alabama (AL) | 2 yrs from injury or discovery | By age 4 | Yes – limited | 2 yrs from death |
| Alaska (AK) | 2 yrs from injury or discovery | By age 8 | Yes – generally applies | 2 yrs from death |
| Arizona (AZ) | 2 yrs from injury or discovery | By age 18 | Yes – broadly applied | 2 yrs from death |
| Arkansas (AR) | 2 yrs from malpractice | By age 11 | Yes – limited exceptions | 3 yrs from death |
| California (CA) | 3 yrs from injury or 1 yr from discovery | By 8th birthday | Yes – widely applied | 2 yrs from death |
| Colorado (CO) | 2 yrs from malpractice | By age 8 | Yes – with repose | 2 yrs from death |
| Connecticut (CT) | 2 yrs from injury or discovery (3-yr cap) | By age 18 | Yes – but capped | 2 yrs from death |
| Delaware (DE) | 2 yrs from malpractice | By age 6 | Yes – limited scope | 2 yrs from death |
| Florida (FL) | 2 yrs from malpractice or discovery | By 8th birthday | Yes – capped by repose | 2 yrs from death |
| Georgia (GA) | 2 yrs from injury or discovery | By age 7 | Yes – 5-yr repose | 2 yrs from death |
| Hawaii (HI) | 2 yrs from injury or discovery | By age 10 | Yes – generally applied | 2 yrs from death |
| Idaho (ID) | 2 yrs from malpractice | By age 6 | Yes – but limited | 2 yrs from death |
| Illinois (IL) | 2 yrs from injury or discovery | By age 8 | Yes – common in CP cases | 2 yrs from death |
| Indiana (IN) | 2 yrs from malpractice | By age 8 | Yes – but narrow | 2 yrs from death |
| Iowa (IA) | 2 yrs from malpractice | By age 8 | Yes – but capped | 2 yrs from death |
| Kansas (KS) | 2 yrs from malpractice | 4-yr statute of repose | Yes – but limited | 2 yrs from death |
| Kentucky (KY) | 1 yr from discovery | By age 18 | Yes – narrowly applied | 1 yr from death |
| Louisiana (LA) | 1 yr from injury or discovery | By age 3 | Yes – strict | 1 yr from death |
| Maine (ME) | 3 yrs from malpractice | By age 18 | Yes – but limited | 2 yrs from death |
| Maryland (MD) | 3 yrs from malpractice | By age 11 | Yes – with 5-yr cap | 3 yrs from death |
| Massachusetts (MA) | 3 yrs from malpractice | By age 18 | Yes – capped at 7 yrs | 3 yrs from death |
| Michigan (MI) | 2 yrs from malpractice | By age 10 | Yes – widely applied | 3 yrs from death |
| Minnesota (MN) | 4 yrs from malpractice | By age 18 | Yes – limited | 3 yrs from death |
| Mississippi (MS) | 2 yrs from malpractice | By age 6 | Yes – 7-yr repose | 3 yrs from death |
| Missouri (MO) | 2 yrs from malpractice | By age 20 | Yes – but capped | 3 yrs from death |
| Montana (MT) | 3 yrs from malpractice | By age 18 | Yes – broadly applied | 3 yrs from death |
| Nebraska (NE) | 2 yrs from injury or discovery | 10-yr statute of repose | Yes – capped by repose | 2 yrs from death |
| Nevada (NV) | 3 yrs from injury or 2 yrs from discovery | Tolling; 3-yr/2-yr limits apply | Yes – with caps | 2 yrs from death |
| New Hampshire (NH) | 3 yrs from malpractice | By age 18 (limits may apply) | Yes – generally applied | 3 yrs from death |
| New Jersey (NJ) | 2 yrs from injury | By 13th birthday | Yes – recognized | 2 yrs from death |
| New Mexico (NM) | 3 yrs from malpractice | Tolling varies (gov’t claims differ) | Yes – fact-specific | 3 yrs from death |
| New York (NY) | 2.5 yrs from malpractice | By age 10 | Limited – narrow uses | 2 yrs from death |
| North Carolina (NC) | 3 yrs from injury | 3-yr SOL; 4-yr repose typical | Yes – but capped by repose | 2 yrs from death |
| North Dakota (ND) | 2 yrs from malpractice | Tolling to majority (limits apply) | Yes – limited | 2 yrs from death |
| Ohio (OH) | 1 yr from malpractice | Tolling to 18 (subject to limits) | Yes – narrow, fact-specific | 2 yrs from death |
| Oklahoma (OK) | 2 yrs from malpractice | Tolling to majority (limits apply) | Yes – recognized | 2 yrs from death |
| Oregon (OR) | 2 yrs from injury | By 7th birthday | Yes – with 5-yr repose | 3 yrs from death |
| Pennsylvania (PA) | 2 yrs from discovery | By age 20 | Yes – widely applied | 2 yrs from death |
| Rhode Island (RI) | 3 yrs from malpractice | Tolling to majority (limits apply) | Yes – recognized | 3 yrs from death |
| South Carolina (SC) | 3 yrs from malpractice | Gov’t claims 2 yrs; others tolled | Yes – with limits | 3 yrs from death |
| South Dakota (SD) | 2 yrs from malpractice | Tolling limited; check facts | Yes – narrow | 3 yrs from death |
| Tennessee (TN) | 1 yr from malpractice | 1 yr; 3-yr repose caps | Yes – cannot exceed repose | 1 yr from death |
| Texas (TX) | 2 yrs from injury or discovery | By 14th birthday | Yes – 10-yr repose | 2 yrs from death |
| Utah (UT) | 2 yrs from malpractice | Tolling to majority (limits apply) | Yes – with limits | 2 yrs from death |
| Vermont (VT) | 3 yrs from malpractice | Tolling; limits vary | Yes – recognized | 2 yrs from death |
| Virginia (VA) | 2 yrs from malpractice | By 10th birthday (if <8 at injury) | Limited – narrow recognition | 2 yrs from death |
| Washington (WA) | 3 yrs from injury or 1 yr from discovery | 8-yr statute of repose | Yes – capped by repose | 3 yrs from death |
| West Virginia (WV) | 2 yrs from malpractice | 10-yr statute of repose | Yes – limited by repose | 2 yrs from death |
| Wisconsin (WI) | 3 yrs from malpractice | By 10th birthday | Yes – with limits | 3 yrs from death |
| Wyoming (WY) | 2 yrs from malpractice | Tolling to majority (limits apply) | Yes – recognized | 2 yrs from death |
*Informational only, not legal advice. Laws change and exceptions apply (discovery, tolling, statutes of repose). Confirm deadlines with an attorney in your state.
What if I Missed the Statute of Limitations?
Missing the statute usually means you lose the legal right to file a lawsuit, even if negligence clearly occurred. However, there are rare exceptions where courts may allow late filings, such as:
- Fraud or concealment - If a hospital intentionally hid information about malpractice.
- Discovery of new evidence - New medical records or testimony show malpractice years later.
- Incompetence or legal disability - If the parent or guardian was unable to act due to illness, disability, or legal incapacity.
These exceptions are rare and vary by state. Most families will not qualify. This is why legal experts strongly recommend consulting with a birth injury attorney or lawyer as soon as cerebral palsy is suspected.
How Statutes of Repose Affect Birth Injury Claims
A statute of repose is an absolute deadline - even if you didn't know malpractice occurred. It overrides tolling and discovery rules in many states.
For example:
- Kansas - 4 years from the date of malpractice, no matter when the injury is discovered.
- Georgia - 5 years from the date of the malpractice, regardless of diagnosis timing.
Even if your child was diagnosed late, your right to sue may expire while they are still young, sometimes before age 5.
When Should I Take Legal Action?
Many families wonder when they should start taking legal action. The best time to take legal action is as soon as you suspect medical malpractice may have been involved in your child's condition. Even if you believe you have several years to file, delaying can hurt your case. Here's why:
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Medical records may be lost or destroyed after a few years.
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Witnesses’ memories fade, and staff turnover can make testimony harder to obtain.
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Evidence like fetal monitoring strips may be erased or deleted under hospital data retention policies.
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Early intervention improves case strategy: Attorneys and medical experts can build stronger causation arguments if they review records soon after injury.
Pro tip: Families who consult legal counsel within 12–24 months of diagnosis have significantly higher success rates in medical malpractice cases.
What to Do if You Think Time Is Running Out
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Gather all medical records (prenatal, labor and delivery, NICU, imaging, etc.).
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Create a timeline of your child’s care and when you first started noticing symptoms.
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Contact a cerebral palsy lawyer as soon as possible for a statute-of-limitations and case review.
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Do not assume that the “minor tolling” rule will protect your rights. Ask a lawyer to confirm the deadlines in your state.
Getting Legal Help
Make sure you reach out to a cerebral palsy lawyer as soon as you suspect that medical negligence might have played a role in your child's condition. Securing financial compensation from a birth injury lawsuit can help your family cover the lifetime costs of treatments, therapy, surgery, mobility aids, and more.
Cerebral Palsy Statute of Limitations FAQs
Written and Medically Reviewed by:
Cerebral Palsy Hub Team
Cerebral Palsy Hub was founded to help support children and their families with cerebral palsy and to create a safe space for those affected. We strive to provide the most accurate, up-to-date information, and tools to help give your child the life they deserve.
Last Updated: October 13, 2025
