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How long do I have to bring a lawsuit for my child’s birth injuries?

On Behalf of | Oct 15, 2021 | Birth Injuries

Childbirth can be a glorious and joyful moment, but there is also so much that can go wrong. If the doctor or other medical staff are negligent or careless, and as a result your child suffered an avoidable injury during their birth, you will likely want to bring a lawsuit to recover compensation for their reduced quality of life, physical pain, and more. Is there a time limit for starting such a legal action?

The statute of limitations

The Colorado legislature passed a law that establishes the statute of limitations for medical torts. A statute of limitations is a legal time limit for bringing a lawsuit for a specific wrong. Once the time limit passes, you will not be able to sue for your child’s injury.

For most medical torts, you would have up to three years to bring an action. However, there is a special exception for injuries that a young child suffers. If a child was under six years old when the injury occurred, they have until their eighth birthday to begin the lawsuit against the responsible party.

What my child can recover

If you are successful in your lawsuit, your child can recover a variety of damages, depending on the circumstances of their case. For example, you will likely be able to receive compensation for your child’s past and future medical bills required to deal with the effects of the medical negligence.

If your child has a permanent disability that will make it harder or impossible to support themselves when they grow up, then they may be able to recover for loss of future earning capacity. In addition, your child may be able to recover compensation for their physical suffering.

There’s nothing quite as tragic as an innocent child suffering severe injuries. Thankfully, you have the option of bringing a lawsuit to try to win the support that your child needs to live well despite their injury.