A birth injury can be a devastating event for any family. The challenges of caring for a child with special needs coupled with the emotional turmoil can be overwhelming. In the midst of this difficult time, it’s crucial to understand your legal rights and the time limits for pursuing them. This is where the statute of limitations comes into play.
In the simplest terms, a statute of limitations (SOL) is a deadline for filing a lawsuit. Every state has different statutes of limitations for different types of cases, and Illinois is no exception. Missing this deadline can permanently bar you from seeking compensation for your child’s injuries, no matter how strong your case may be.
At Beam Legal Team, our Chicago birth injury lawyers understand the complexities and nuances of these complex cases. Read on to learn more about the statute of limitations in Illinois birth injury cases and how Beam Legal Team can help fight for your child’s future.
Why Does the Statute of Limitations Exist?
While it might seem unfair to impose a deadline on families already dealing with so much, the statute of limitations serves important purposes within the legal system:
- Preservation of Evidence: Memories fade, witnesses become unavailable, and physical evidence can deteriorate over time. The SOL encourages prompt action, ensuring that evidence is gathered and preserved while it’s still reliable.
- Fairness to Defendants: It’s arguably unfair for medical practitioners to face the threat of a lawsuit indefinitely. The SOL provides a reasonable timeframe for claims to be investigated.
- Prompt Resolution of Legal Disputes: The SOL promotes efficiency within the legal system, encouraging parties to resolve disputes in a timely manner rather than letting them linger for years.
In the context of birth injuries, these reasons are particularly relevant. Medical records can be extensive and complex, requiring time-consuming analysis to determine if negligence occurred. Witnesses, such as doctors and nurses, may also move on to different hospitals, making them harder to locate. And the sooner a case is resolved, the sooner families can access the resources and compensation they need to provide their child with the best possible care.
What Is the Statute of Limitations in Illinois for Birth Injury Cases?
While in Illinois, the statute of limitations for medical malpractice claims is generally two years—the statute of limitations for birth injuries is different. This is crucial for families to understand as it provides them a longer window of opportunity to pursue legal action.
Here’s the breakdown:
- Eight-Year Window: Birth injury claims in Illinois can be filed within eight years of the date the injury occurred. This provides families with additional time to fully understand the extent of their child’s injuries and seek appropriate medical evaluations.
- Age 22 Limit: However, there’s an absolute deadline. No claims can be made after the child’s 22nd birthday. This means that regardless of when the injury occurred or was discovered, legal action must be initiated before the child turns 22.
- Disability Exception: There’s an exception to this rule in cases of permanent disability. If the child has a permanent disability resulting from the birth injury, the statute of limitations will not apply until the disability has been removed or eliminated. This ensures that individuals with ongoing disabilities retain the opportunity to seek compensation.
It’s important to note that while these are the general rules, individual circumstances can vary. Consulting with an experienced birth injury attorney as early as possible is crucial to understand how these rules apply to your specific situation.
What to Do if You Suspect Your Child Has a Birth Injury
If you suspect your child has suffered a birth injury, it’s essential to take immediate action. But while some birth injuries are apparent right away, others may not be evident for weeks, months, or even years. Here’s what you should do:
- Recognize Potential Signs: While every child develops at their own pace, certain signs might indicate a potential birth injury. These include:
- Irregular breathing
- Seizures
- Weak reflexes or lack of movement
- Facial paralysis
- Abnormal muscle tone (too stiff or too floppy)
- Excessive crying or irritability
- Difficulty feeding or swallowing
- Developmental delays (not meeting milestones like rolling over, sitting up, or babbling)
- Feeding difficulties or failure to thrive
- Unusual posture or movements
- Cognitive impairments
- Speech and language delays
- Hearing or vision problems
- Seek Medical Attention: If you notice any of these signs or have any concerns about your child’s development, seek immediate medical attention. Early diagnosis and intervention can significantly improve outcomes for children with birth injuries.
- Get a Second Opinion: Don’t hesitate to seek a second opinion from another medical professional. Birth injuries can be complex, and getting an evaluation from a specialist in the relevant field can provide valuable insights and ensure the correct diagnosis.
- Keep Detailed Records: Maintain meticulous records of all medical appointments, treatments, therapies, and expenses related to your child’s injury. This information will be vital in building a strong legal case.
- Consult With an Attorney: Contact an experienced birth injury attorney as soon as possible. They can investigate the circumstances surrounding your child’s injury and guide you through the legal process in a timely way that respects the statute of limitations.
How Beam Legal Team Can Help
At Beam Legal Team, we’ve dedicated our careers to helping families affected by birth injuries. We understand the emotional and financial burdens these injuries can place on families, and we’re committed to providing compassionate and aggressive legal representation. We also have an in-depth understanding of Illinois law and all the relevant deadlines.
Don’t let time slip away and jeopardize your child’s future. If you suspect your child has suffered a birth injury, contact Beam Legal Team today for a free consultation.
