Statutes of Limitations: Birth Injury Cases

Alabama

Two years from the injury or 6 months after discovery. No later than 4 years.

Alaska

Two years from the injury or discovery. Not valid after 10 years.

Arizona

Two years from the time of injury or date of discovery.

Arkansas

Two years from the date of injury or 3 years if the injury resulted in wrongful death.

California

Two years from the date of injury or 3 years if it led to death.

Colorado

Two years from the date of injury.

Connecticut

Three years from the date of injury or 2 years from the baby’s death.

Delaware

Maximum of 3 years, including discovery.

Florida

Two years from the date of injury and a maximum of 4 years for discovery.

Georgia

Two years after injury and a maximum of 5 years for the discovery.

Hawaii

Two years after injury and a maximum of 6 years for discovery.

Idaho

Two years from the date of injury or the baby’s death.

Illinois

Eight years from the injury. Not valid after 22nd birthday.

Indiana

Two years after injury or discovery. Claim invalid after 8 years.

Iowa

Two years from injury or discovery. Claim invalid after 10 years.

Kansas

Two years from the injury and a maximum of 4 years for discovery.

Kentucky

One year from the injury and 5 years for discovery.

Louisiana

One year from the injury and no more than 3 years for discovery.

Maine

Three years from the injury or before the 6th birthday.

Maryland

Five years from the injury and 3 years from the discovery. Claim invalid after the 11th birthday.

Massachusetts

Three years from the injury or discovery but before the 9th birthday.

Michigan

Two years of the injury or 6 months after discovery.

Minnesota

Four years from the injury.

Mississippi

Two years from the injury or discovery.

Missouri

Two years from the injury or discovery.

Montana

Three years from the injury or discovery but no later than 5 years.

Nebraska

Two years from the injury or 1 year from discovery.

Nevada

Three years from injury or discovery and 10 years for brain damage.

New Hampshire

Three years from injury or discovery.

New Jersey

Two years from injury or discovery.

New Mexico

Three years from the injury.

New York

Ten years after the discovery and 2 and a half years after turning 18.

North Carolina

Three years from injury or discovery.

North Dakota

Two years from injury or 3 years within the discovery.

Ohio

One year from injury.

Oklahoma

Seven years from injury.

Oregon

Two years from injury or discovery.

Pennsylvania

Two years from the discovery.

Rhode Island

Three years from injury or discovery.

South Carolina

Three years from injury or discovery.

South Dakota

Two years from injury or discovery.

Tennessee

One year from injury or discovery.

Texas

Two years from the injury or discovery.

Utah

Two years from injury or discovery.

Vermont

Three years from injury or 2 years from discovery.

Virginia

Two years from the injury.

Washington

Three years from injury or 1 year from discovery.

Washington, D.C.

Three years from injury or discovery.

West Virginia

Two years from the injury or discovery.

Wisconsin

Three years from the injury or 1 year from discovery.

Wyoming

Two years from the date of injury or discovery.