When a child is diagnosed with cerebral palsy (CP) due to medical negligence during birth, families may be entitled to compensation through a malpractice lawsuit. However, every state imposes strict deadlines—known as statutes of limitations—that determine how long you have to file a claim. Missing these deadlines can permanently bar your right to seek justice.
This article explains how cerebral palsy statutes of limitations work, how they vary by state, and what exceptions may apply to families pursuing birth injury claims.
What Is a Statute of Limitations?
A statute of limitations is a legal time limit for filing a cerebral palsy lawsuit. In cerebral palsy cases, it refers to how long a parent or guardian has to file a medical malpractice claim against a healthcare provider or hospital. These limits are set by state law and vary widely across the country.
Typical Timeframes by State
Most states allow 1 to 3 years from the date of injury or diagnosis to file a cerebral palsy lawsuit. However, many states also apply a discovery rule, which starts the clock when the injury is discovered—not when it occurred. This is especially important in CP cases, where symptoms may not be diagnosed until the child is a toddler.
Here are examples of state-specific statutes:
- California: 3 years from the date of injury or 1 year from discovery; minors under age 6 must file by their 8th birthday
- Florida: 2 years from the date of injury or discovery; capped at 4 years unless fraud is involved
- Ohio: 1 year from the date of injury or discovery
- Texas: 2 years from the date of injury; minors may have extended time depending on circumstances
- New York: 2.5 years from the date of malpractice; minors may have up to 10 years depending on the facts
For a full list of statutes by state, see Cerebral Palsy Guidance’s breakdown or Sokolove Law’s national summary.
Exceptions for Minors
Because cerebral palsy often isn’t diagnosed until months or years after birth, many states offer extended filing windows for minors. These exceptions may include:
- Delayed diagnosis: The statute begins when CP is formally diagnosed
- Minor tolling: The clock pauses until the child reaches a certain age (often 18)
- Special injury rules: Some states allow claims to be filed until the child’s 8th, 10th, or even 21st birthday
For example, Alabama allows minors injured before age 4 to file until their 8th birthday, while Arkansas permits filing until age 11.
Statute of Repose
Some states also enforce a statute of repose, which sets an absolute deadline regardless of discovery or age. Once this deadline passes, no lawsuit can be filed—even if the injury was just discovered.
Why Timing Matters
Failing to file within the statute of limitations can result in:
- Dismissal of your case
- Loss of compensation for medical care, therapy, and support
- Inability to hold negligent providers accountable
Early legal consultation is critical. An experienced birth injury attorney can help determine your deadline and preserve your right to file.
Why Contact The Law Office of Melinda J. Helbock
At The Law Office of Melinda J. Helbock, A.P.C., we help families navigate the complex legal timelines surrounding cerebral palsy claims. Our firm offers:
- Decades of experience in birth injury and medical malpractice litigation
- In-depth knowledge of California and national statute rules
- Free consultations to assess your eligibility and filing deadline
If your child was diagnosed with cerebral palsy due to medical negligence, contact our San Diego office today. We’ll help you understand your rights and file your claim on time.
References
- Cerebral Palsy Guidance. (2024). Cerebral palsy statute of limitations by state. Retrieved from https://cerebralpalsyguidance.com/cerebral-palsy-lawyer/statute-of-limitations/
- Cerebral Palsy Guide. (2024). Statute of limitations for cerebral palsy birth injury. Retrieved from https://www.cerebralpalsyguide.com/legal/statute-of-limitations/
- Sokolove Law. (2025). Cerebral palsy statute of limitations in all 50 states. Retrieved from https://www.sokolovelaw.com/birth-injuries/cerebral-palsy/lawsuit/statute-of-limitations/