Why do cerebral palsy statutes of limitations exist?
Every birth injury starts two clocks. The parents’ own claim, mainly for the child’s medical costs, runs 1 to 3 years in 48 of 51 jurisdictions and is usually not extended because the injured person is a child. The child’s claim runs longer, but not as long as families assume: for an injury at birth it ends by the 13th birthday in 37 jurisdictions, and as early as the 3rd in Connecticut, Louisiana and Tennessee. A wrongful death claim is shorter still, commonly 1 to 3 years from the date of death.
That gap between the two deadlines is the one that costs families money, because the parent’s claim is often the one that quietly runs out while everyone assumes there is time until the child is grown.
The periods are short on purpose: they protect doctors and hospitals from lawsuits too old to defend fairly. Several states went further and wrote short deadlines for children into malpractice reform laws, and courts have struck some of them down, including New Hampshire in 1980, Maryland in 2002 and Wyoming in 2014.
Fortunately, many states provide important exceptions to standard SOL laws, especially in cases filed on behalf of a minor child. The discovery rule, minority tolling, and fraud exceptions can all extend your filing window significantly. That is why speaking with a birth injury lawyer before concluding your rights have expired is so important.
How long do I have to file? Deadlines by claim type
SOL laws differ by state, injury type, and who is filing. The same birth injury can trigger different deadlines depending on whether the case is filed on behalf of the child, by the parents for their own damages, or as a wrongful death claim.
Most states write a specific deadline for children rather than simply waiting until 18. For an injury at birth it falls between the 5th and 13th birthday in 34 jurisdictions, and runs to the 19th, 20th or 21st birthday in the 14 that pause the clock until adulthood. Connecticut, Louisiana and Tennessee give a child effectively no extra time. The discovery rule can start some of these clocks later.
Parents may separately file for their own damages, mainly the child’s medical expenses and the loss of the child’s services. In most states this claim runs 1 to 3 years and is not extended because the child is a minor, so it can expire years before the child’s. The exceptions run both ways: Minnesota allows 4 years and Virginia 5, while New Jersey and Oregon let the parents’ claim run with the child’s.
When a child passes due to a birth injury, most states allow only 1–3 years from the date of death. Evidence must be gathered quickly and these windows are short. Speak with a lawyer immediately if this applies to your situation.
Even where the child has until a late birthday, the parents’ own claim for medical expenses usually has 1 to 3 years, and only 1 year in Kentucky, Louisiana, Ohio and Tennessee. Speak with a lawyer today to understand both deadlines in your state.
Cerebral palsy statute of limitations by state
Two deadlines run for every birth injury. The parents’ own claim, mainly for the child’s medical costs, usually ends first. The child’s claim usually lasts longer, though not in Connecticut, Louisiana or Tennessee. Each deadline below links to the law behind it.
| State | Parents’ claim | Child’s claim, injury at birth |
|---|---|---|
| Alabama | 2 years from the act, never more than 4 years | By the 8th birthday |
| Authority Ala. Code § 6-5-482 | ||
| Alaska | 2 years from discovery | By the 10th birthday |
| Authority Alaska Stat. § 09.10.070 Alaska Stat. § 09.10.140 Alaska Stat. § 09.10.055Court ruling: Sands ex rel. Sands v. Green, 156 P.3d 1130 (Alaska 2007) | ||
| The statute allows until the 20th birthday, but a separate 10 year limit from the act may cut a child’s claim off. The Alaska Supreme Court left that open in Sands v. Green (2007). | ||
| Arizona | 2 years from discovery | By the 20th birthday |
| Authority A.R.S. § 12-542 A.R.S. § 12-502 | ||
| Arkansas | 2 years from the act, no discovery rule | By the 11th birthday |
| Authority Ark. Code Ann. § 16-114-203 | ||
| California | 3 years from injury or 1 year from discovery, whichever comes first | By the 8th birthday |
| Authority Cal. Code Civ. Proc. § 340.5 | ||
| Colorado | 2 years from discovery, never more than 3 years from the act | By the 8th birthday |
| Authority Colo. Rev. Stat. § 13-80-102.5 | ||
| Connecticut | 2 years from discovery, never more than 3 years from the act | Same as the parents. Minors get no extra time, so the 3rd birthday at the latest |
| Authority Conn. Gen. Stat. § 52-584 | ||
| Delaware | 2 years from the injury, 3 only if it could not have been discovered sooner | By the 6th birthday |
| Authority Del. Code Ann. tit. 18, § 6856 | ||
| District of Columbia | 3 years from discovery | By the 21st birthday |
| Authority D.C. Code § 12-301 D.C. Code § 12-302 | ||
| Florida | 2 years from discovery, never more than 4 years | Within 2 years of when the parents knew or should have known, and never after the 8th birthday |
| Authority Fla. Stat. § 95.11 Fla. Stat. § 95.051 Fla. Stat. § 766.313 | ||
| Georgia | 2 years from the injury, never more than 5 years from the act | By the 7th birthday |
| Authority O.C.G.A. § 9-3-71 O.C.G.A. § 9-3-73 | ||
| Hawaii | 2 years from discovery, never more than 6 years | By the 10th birthday |
| Authority Haw. Rev. Stat. § 657-7.3 | ||
| Idaho | 2 years from the act | By the 8th birthday |
| Authority Idaho Code § 5-219 Idaho Code § 5-230 | ||
| Illinois | 2 years from discovery, never more than 4 years | By the 8th birthday |
| Authority 735 ILCS 5/13-212 | ||
| Indiana | 2 years from the act, or 2 years from discovery if it could not reasonably have been found sooner | By the 8th birthday |
| Authority Ind. Code § 34-18-7-1 | ||
| Iowa | 2 years from discovery, never more than 6 years | By the 10th birthday |
| Authority Iowa Code § 614.1(9) | ||
| Kansas | 2 years, never more than 4 years from the act | Within 8 years of the act (8th birthday) |
| Authority K.S.A. 60-513 K.S.A. 60-515 | ||
| Kentucky | 1 year from discovery | By the 19th birthday |
| Authority KRS 413.140 KRS 413.170Court ruling: McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990) | ||
| Louisiana | 1 year from the act or discovery, never more than 3 years from the act | Same as the parents. Minors get no extra time, so the 3rd birthday at the latest |
| Authority La. Rev. Stat. § 9:5628 | ||
| Maine | 3 years from the act | By the 6th birthday |
| Authority Me. Rev. Stat. tit. 24, § 2902 | ||
| Maryland | 3 years from discovery, never more than 5 years from the injury | By the 21st birthday (the 23rd if the injury is first found after 18) |
| Authority Md. Code, Cts. & Jud. Proc. § 5-109Court ruling: Piselli v. 75th Street Medical, 371 Md. 188, 808 A.2d 508 (Md. 2002) | ||
| Massachusetts | 3 years from discovery, never more than 7 years from the act | Before the 7th birthday |
| Authority Mass. Gen. Laws ch. 231, § 60D Mass. Gen. Laws ch. 260, § 4Court ruling: Harlfinger v. Martin, 435 Mass. 38 (2001) | ||
| Michigan | 2 years from the act or 6 months from discovery, never more than 6 years | By the 10th birthday |
| Authority Mich. Comp. Laws § 600.5838a Mich. Comp. Laws § 600.5851 | ||
| Minnesota | 4 years | Within 11 years of the act (11th birthday) |
| Authority Minn. Stat. § 541.076 Minn. Stat. § 541.15 | ||
| Mississippi | 2 years from discovery, never more than 7 years | By the 7th birthday |
| Authority Miss. Code Ann. § 15-1-36 | ||
| The statute allows until the 8th birthday, but a 7 year outer limit may also apply to children. No appellate court has decided which controls. | ||
| Missouri | 2 years from the act | By the 20th birthday |
| Authority Mo. Rev. Stat. § 516.105 | ||
| Montana | 2 years from injury or discovery, never more than 5 years | By the 10th birthday |
| Authority MCA 27-2-205 | ||
| Nebraska | 2 years from the act (1 year from discovery), never more than 10 years | Within 10 years of the birth |
| Authority Neb. Rev. Stat. 44-2828 Neb. Rev. Stat. 25-213 | ||
| Nebraska’s tolling statute points to the 23rd birthday, but the 10 year limit in the malpractice act may bind minors. The Nebraska Supreme Court has not decided it. | ||
| Nevada | 3 years from injury or 2 years from discovery, whichever comes first (1 year from discovery for injuries before October 2023) | By the 10th birthday (brain damage or birth defect) |
| Authority NRS 41A.097 | ||
| New Hampshire | 3 years from the act or discovery | By the 20th birthday |
| Authority RSA 508:4 RSA 508:8Court ruling: Carson v. Maurer, 120 N.H. 925, 424 A.2d 825 (1980) | ||
| New Jersey | Same period as the child (before the 13th birthday), and must be joined to the child’s case | Before the 13th birthday |
| Authority N.J.S.A. 2A:14-2 N.J.S.A. 2A:14-2.1 | ||
| New Mexico | 3 years from the act | By the 19th birthday (for malpractice on or after Jan 1 2022) |
| Authority NMSA 1978, 41-5-13 | ||
| New York | 2 years 6 months from the act or end of continuous treatment | Within 10 years of the act (10th birthday) |
| Authority N.Y. CPLR 214-a N.Y. CPLR 208 | ||
| North Carolina | 3 years from the last act, or 1 year from discovery, never more than 4 years | By the 10th birthday |
| Authority N.C. Gen. Stat. 1-15(c) N.C. Gen. Stat. 1-17(c) | ||
| North Dakota | 2 years from discovery, never more than 6 years | Within 12 years of the birth |
| Authority N.D.C.C. 28-01-18(3) N.D.C.C. 28-01-25Court ruling: B.D.H. ex rel. S.K.L. v. Mickelson, 2010 ND 235, 792 N.W.2d 169 | ||
| The extension for a minor is capped at 12 years for malpractice. Whether the ordinary 2 years is then added is undecided. | ||
| Ohio | 1 year from discovery, never more than 4 years | By the 19th birthday |
| Authority R.C. 2305.113 R.C. 2305.16 | ||
| Oklahoma | 2 years from discovery | Within 7 years of the injury |
| Authority 76 O.S. 18 12 O.S. 96 | ||
| Oregon | 2 years from discovery, never more than 5 years; the medical expense claim is paused with the child’s | Within 5 years of the delivery |
| Authority ORS 12.110(4) ORS 12.160 | ||
| Pennsylvania | 2 years from discovery | By the 20th birthday |
| Authority 42 Pa.C.S. 5524(2) 42 Pa.C.S. 5533(b) 40 P.S. 1303.513Court ruling: Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019) | ||
| Rhode Island | 3 years from the incident or discovery | By the 21st birthday |
| Authority R.I. Gen. Laws 9-1-14.1 | ||
| South Carolina | 3 years from the act or discovery, never more than 6 years | Within 7 years of the birth |
| Authority S.C. Code 15-3-545 | ||
| Minority pauses the clock for at most 7 years. Read literally the 3 year period then runs, giving about the 10th birthday, but no appeals court has confirmed that arithmetic. | ||
| South Dakota | 2 years from the act | By the 19th birthday |
| Authority SDCL 15-2-14.1 SDCL 15-2-22 | ||
| Tennessee | 1 year from injury or discovery, never more than 3 years | Within 3 years of the act, plus 120 days if pre suit notice is sent in time |
| Authority Tenn. Code 29-26-116 Tenn. Code 29-26-121Court ruling: Calaway ex rel. Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2005) | ||
| Texas | 2 years from the act or end of treatment | Before the 10th birthday (10 years from the act) |
| Authority Tex. Civ. Prac. & Rem. Code 74.251Court ruling: Tenet Hospitals Ltd. v. Rivera, 445 S.W.3d 698 (Tex. 2014) | ||
| Utah | 2 years from discovery, never more than 4 years | By the 20th birthday |
| Authority Utah Code 78B-3-404 Utah Code 78B-2-108Court ruling: Lee v. Gaufin, 867 P.2d 572 (Utah 1993)Court ruling: Bingham v. Gourley, 2024 UT 38, 556 P.3d 53 | ||
| This rests on Lee v. Gaufin (1993), which the Utah Supreme Court questioned in Bingham v. Gourley (2024). A family should not rely on it: the adult deadline of 2 years from discovery and 4 years from the care is the safe course. | ||
| Vermont | 3 years, or 2 years from discovery, never more than 7 years | By the 21st birthday |
| Authority 12 V.S.A. 521 12 V.S.A. 551 | ||
| Virginia | 5 years for loss of the child’s services. Since July 2013 the child’s medical costs are part of the child’s own claim | By the 10th birthday |
| Authority Va. Code 8.01-243 Va. Code 8.01-243.1 Va. Code 8.01-36 | ||
| Washington | 3 years from the act or 1 year from discovery, whichever is later | By the 21st birthday |
| Authority RCW 4.16.350 RCW 4.16.190Court ruling: Schroeder v. Weighall, 179 Wn.2d 566, 316 P.3d 482 (2014)Court ruling: Bennett v. United States, 2 Wn.3d 430, 539 P.3d 361 (2023) | ||
| West Virginia | 2 years from injury or discovery, never more than 10 years | By the 10th birthday |
| Authority W. Va. Code 55-7B-4 | ||
| The statute allows until the 12th birthday, but a 10 year outer limit may also apply to children. | ||
| Wisconsin | 3 years, or 1 year from discovery, never more than 5 years | By the 10th birthday |
| Authority Wis. Stat. 893.55 Wis. Stat. 893.56Court ruling: Aicher ex rel. LaBarge v. Wisconsin Patients Compensation Fund, 2000 WI 98, 237 Wis. 2d 99, 613 N.W.2d 849 | ||
| Wyoming | 2 years from the act or discovery | By the 8th birthday |
| Authority Wyo. Stat. 1-3-107 Wyo. Stat. 1-3-114Court ruling: Kordus v. Montes, 2014 WY 146, 337 P.3d 1138 | ||
| Kordus v. Montes (2014) struck the 8th birthday rule, so the legal deadline is the 21st birthday. The struck text is still printed in the statute, so the 8th birthday is the safe date. | ||
“From discovery” means from when the family knew or reasonably should have known of the injury and its likely cause. Unsettled marks a state where courts have not decided the question; the date shown is the safe one, and the note gives the rule. Pre suit notices, affidavits of merit, review panels and notice rules for public hospitals can shorten or pause these periods, and Virginia and Florida run birth injury programs that replace a lawsuit where they apply.
Due to constantly changing laws and numerous exceptions, always confirm your specific deadline with a qualified birth injury lawyer. Contact us today for a free review.
Exceptions to the cerebral palsy statute of limitations
Most states offer exceptions that can give victims more time to file, especially in birth injury and medical malpractice cases involving minors. Don’t assume your rights have expired without speaking to a lawyer.
Used in many states, starts the SOL countdown when an injury is discovered or reasonably should have been discovered, rather than when it occurred. Highly relevant to CP cases, where diagnosis may come months or years after birth.
Most states give an injured child extra time, but for malpractice it is usually capped at a set birthday rather than running to 18. Connecticut and Louisiana give none. It is still the most important exception in birth injury cases; the table above shows each state’s rule.
When the responsible party hides evidence of an injury or their negligence (such as altering medical records) the SOL deadline may be extended. Fraudulent concealment can toll the deadline from when it was discovered.
Deadlines may be extended until a person regains mental competence or until a guardian is appointed to represent them. Relevant for CP cases involving severe cognitive impairment.
SOL deadlines may be paused under the Servicemembers Civil Relief Act while a victim or guardian is on active military duty.
In some states, if the defendant leaves the state after the injury and before a lawsuit is filed, that time may not count toward the SOL deadline.
Many families assume their rights have expired when exceptions may still apply. A qualified birth injury lawyer can investigate whether the discovery rule, minority tolling, or other exceptions extend your deadline. Get a free case review today.
Statute of limitations FAQs
A formal diagnosis helps but your lawyer can begin gathering evidence before one is received. Contacting a lawyer early also protects against missing filing deadlines that cannot be extended once passed.
Yes. Most states offer exceptions for injuries to minors, injuries discovered later, and fraud or concealment of negligence. One or more of these may apply to your CP birth injury case. Have a qualified lawyer review your case before concluding your rights have expired.
Since every case is different, value is difficult to predict without investigation. CP lawsuit settlements often exceed $1 million due to the significant lifetime costs of care. When pain and suffering damages are added, totals commonly exceed $2 million in serious cases. See our recent settlements page for examples.
It depends on the state and on whose claim it is. The parents’ own claim usually runs 1 to 3 years. The child’s claim for an injury at birth ends at a set birthday, as early as the 3rd in Connecticut, Louisiana and Tennessee and as late as the 21st in five jurisdictions. The table on this page lists every state with the statute behind it. Contact a lawyer promptly to confirm your deadline.
Your lawyer pays all costs upfront including filing fees, medical records, expert witnesses, and trial preparation. You owe nothing unless you receive an award. Contingency fees typically range from 33% to 40% of the recovery depending on how far the case progressed.
