How Long Do You Have to Sue for a Birth Injury in Arizona?

There are time limits for when you need to file an Arizona birth injury lawsuit. It is vitally important to take legal action as soon as possible if you believe your child suffered injury due to medical negligence.

Burg Simpson has extensive experience with birth injury claims. We also have an in-depth understanding of the applicable laws in Arizona, including the statute of limitations. This enables us to represent families effectively, protecting their legal rights and pursuing maximum compensation on their behalf.

Call 602-777-7000 today for a FREE and confidential case evaluation. Our birth injury lawyers are based in Phoenix and serve families throughout Arizona.

What Is the Statute of Limitations on Birth Injury in Arizona?

The “statute of limitations” is a law that sets the maximum amount of time someone has to bring a legal action. All personal injury claims in Arizona are subject to a statute of limitations, which is usually 2 years from the date of the injury.

Arizona’s 2-year statute of limitations generally applies to medical malpractice claims as well. However, the fact that the child is a minor when the injury occurs may change the time limit for an Arizona birth injury lawsuit.

The personal injury statute of limitations in Arizona does not begin until the plaintiff (the injured person) turns 18 years of age (see Arizona Revised Statutes § 12-502). This means that compensation for a birth injury may be sought any time before the child’s 20th birthday.

How Long Can You Wait to File a Birth Injury Lawsuit?

It is important to note that it may be exceedingly difficult to pursue a successful lawsuit after 20 years have passed. Memories fade, evidence disappears, and defendants and insurance companies will mount a significant defense.

We strongly suggest bringing a birth injury claim as soon as it is practicable to do so. This will likely be several years after your child’s birth—not when he or she is a grown adult.

Statute of Limitations for Wrongful Death Birth Injury Lawsuits

Thousands of babies tragically die every year due to birth injuries. Many of these fatal injuries are caused by preventable medical errors.

If you lost your precious child to a birth injury, you have our deepest sympathies. No family should have to face such a terrible loss. Although no amount of money can bring your baby back, you and your loved ones may be entitled to compensation for wrongful death. A wrongful death claim in Arizona must be brought within 2 years.

Why You Should Not Wait to File an Arizona Birth Injury Lawsuit

Birth injuries often pose significant challenges for children and their families. Knowing that you may have additional time to file a lawsuit on your child’s behalf likely comes as a relief. However, waiting to assert your legal rights is not advisable.

Reasons you should not wait to file an Arizona birth injury lawsuit include:

• Preservation of evidence: In any legal matter, delays can result in the loss of crucial evidence. Parents should work with a birth injury lawyer as soon as possible to ensure the timely collection of medical records and other evidence critical to their claim.
• Establishing causation: Multiple factors can contribute to a birth injury. Delays in investigating what led to the birth injury can make it more challenging to prove how medical negligence may have contributed to the harm your baby suffered.
• Pursuing compensation for parental losses: In addition to filing an Arizona birth injury lawsuit on behalf of their child, parents may also be entitled to compensation for their own losses. These may include medical expenses, loss of income, and other financial expenditures. Parents will likely need to bring a claim for damages within the standard 2-year statute of limitations. However, the time limit may vary depending on when the child’s injury is discovered.
  • Arizona recognizes the “discovery rule,” a common exception to the statute of limitations. Under the discovery rule, the statute of limitations starts on the date an injury is discovered—not the date on which it presumably occurred.
  • The discovery rule may prolong the limitation period for certain birth injury claims, particularly those where a diagnosis could not have been reasonably made until the child is older.
    • For example, children may not be diagnosed with cerebral palsy until they are 2–3 years old. In this case, the discovery rule may provide the parent(s) of the child additional time to pursue damages for a birth injury that can create significant burdens for the family.

The only way to find out how much time you may have to sue for a birth injury in Arizona is to seek knowledgeable legal counsel. A Phoenix birth injury lawyer can review the circumstances of your case, discuss your legal options, and work quickly to preserve your rights.

Get Help with an Arizona Birth Injury Lawsuit

The birth of a child should be a joyous moment for the whole family. Unfortunately, the negligence of a health care provider can turn this happy occasion into a tragedy with lifelong repercussions.

Filing a lawsuit is probably the furthest thing from your mind. Unfortunately, you have a limited time to make a claim for the compensation you, your child, and your family deserve.

It is vital to consult a capable lawyer who can handle all aspects of your claim. This includes filing the claim on time, submitting all necessary materials to the court, and preparing a strong case on your behalf.

Why Choose Burg Simpson?

Burg Simpson has extensive experience advocating for the victims of medical malpractice. We are dedicated trial attorneys who do not shy away from litigation and going to court. The majority of lawsuits settle before they go to trial. However, if this is the only option to obtain maximum compensation for a birth injury, you need a proven trial firm on your side.

Contact Burg Simpson today to discuss your case, including how long you have to file a lawsuit. Your initial case evaluation is FREE, and you only pay fees if we win. Our birth injury lawyers serve clients in Phoenix and all areas of Arizona.