Is there a time limit to file a birth injury lawsuit?
There are different statutes of limitations depending on the nature of the claim. In the case of a deceased child, there is the potentiality of claims under both the Wrongful Death Act as well as the Survival Act. In the District of Columbia, there is a one-year statute of limitations for bringing an action for wrongful death and a three-year statute of limitations for a Survival Action. There are a number of different principles that apply whether a claim under either statute exists, and the statute of limitations can vary under certain circumstances. These are matters that our lawyers would discuss with you under the specific facts of your case. In the case of a living child, there is the potential for multiple claims. A parent may bring a claim for certain damages, such as medical expenses, during the period of the child’s minority or disability. The child, through a parent or guardian, would have a claim for his/her personal injuries (pain and suffering, mental anguish, etc.) and m
