Pregnant woman in a hospital gown with her hand on her belly looking out of her hospital room window.

How Long Do I Have to File a Birth Injury Claim in Kentucky?

The Statute of Limitations on Birth Injury Claims

When a mother or baby suffers a birth injury due to the careless actions of medical professionals, it’s a devastating situation. Not only can the event be scary, but it can also often pose life-changing consequences not only for the injured but their families as well. When unsure of your future or how you will give your baby the best care, know that you have options to receive compensation through a birth injury claim.

However, it’s critical to understand how the statute of limitations works in Kentucky, so you don’t miss the window of filing a birth injury claim.

When Should You File a Birth Injury Claim?

The short answer to the above question is as soon as possible after discovering the birth injury. Time is of the essence — in Kentucky, there is a 1-year deadline to file a birth injury lawsuit. Missing the statute of limitations deadline can cause your case to be dismissed. However, there are some exceptions to the general statute of limitations for birth injury claims. Read on to learn more.

Exceptions to the Statute of Limitations in Birth Injury Claims

In some cases, a birth injury is not apparent right away and may not be discovered or diagnosed until months or years after the child was born. For example, many children are not diagnosed with cerebral palsy until two years of age or later.

Exceptions to the statute of limitations include:

  • When a child is injured before their 18th birthday, they may file a claim later in life. After turning 18, a claim must be filed within one year from the date of their 18th birthday.
  • When a child’s injury is not noticeable or discovered right after birth, a claim must be filed one year from the date the birth injury was found.

If you are unsure about filing deadlines for a birth injury claim, contact an experienced medical malpractice attorney for guidance.

Need Help Filing a Birth Injury Claim? Contact Dolt, Thompson, Shepherd & Conway, PSC Today.

Big cases require big resources. Birth injury claims are highly complicated and come with many challenges. At Dolt, Thompson, Shepherd & Conway, PSC our attorneys are experienced in handling some of the most complex birth injury cases. Having the support and guidance you need when going through a difficult time can help ease your fears and worries about the future. If you or your baby has suffered a birth injury, we are here to help you seek the compensation you deserve and need so you can move forward with your life.

Call (502) 242-8872 to speak to one of our lawyers today.

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