Filing deadlines: statutes of limitations and repose
The short answer
A statute of limitations is the deadline for filing a lawsuit. Miss it and a court will usually refuse the case, no matter what happened. 1
Four separate rules interact, and people are caught out by the interaction rather than by any one of them. This page explains the four. It cannot tell you your deadline, and neither can any website.
The numbers, up front
- Deadlines are set by state
- Each state sets its own deadlines by statute. There is no national rule for birth injury claims 1
- Four rules interact
- The limitations period, any statute of repose, minor tolling rules, and the discovery rule. Each can change the answer 1
- A statute of repose can be shorter
- A statute of repose runs from the date of the care rather than from discovery, and it can cut off a claim before a shorter clock has even started 1
- A mother's claim is separate
- A parent's own claim for their own injury usually runs on the adult clock, which is often much shorter than the child's 1
- Public hospitals differ
- Claims involving government-run hospitals often require a formal notice within a short period, sometimes months rather than years 1
- Two state programs replace the courts
- In Florida and Virginia, a covered birth injury goes through a no-fault program with its own deadline instead of a civil suit 2
The four rules
1. The limitations period
The main deadline. It usually runs from the date of the injury, or from the date the injury was or should have been discovered.
2. The statute of repose
An outer deadline measured from the date of the medical care. It is not affected by when you found out.
This is the rule that catches people. A state can have a long discovery rule and a shorter repose period, and the repose period wins. It can end a claim before the shorter clock has even started running.
3. Minor tolling
Most states pause or extend the clock for children in some way. The rules differ a great deal.
Some states give a child until a set age. Some give a fixed period after they turn 18. Some pause the clock only up to a certain age. Some medical malpractice statutes limit tolling for minors more tightly than the general rule, which surprises families who read the general rule first.
Do not assume a child's deadline is long. In several states it is much shorter than people expect.
4. The discovery rule
A rule that starts the clock when you found out, or reasonably should have found out, about the injury and its cause.
It sounds like it solves everything. It usually does not, because a statute of repose can still apply, and because "should have known" is judged by what a reasonable person would have realized rather than by when you actually understood.
Two more things that change the answer
The parent's own claim is separate
A mother who was injured herself has her own claim. It usually runs on the adult clock, not the child's.
That means a family can have two different deadlines from the same birth: a longer one for the child and a shorter one for the mother. Families frequently lose the mother's claim by assuming both share the child's timeline.
Public and government hospitals
If the care was at a state hospital, a county facility, a military hospital or a federally supported health center, different rules often apply.
These commonly include a formal notice of claim within a short window, sometimes measured in months, and a different filing deadline afterward. Missing the notice period can end the claim even where the ordinary deadline is years away.
If you do not know whether a hospital is public, ask a lawyer to check. It is not always obvious from the name.
Other requirements before filing
Several states require steps before a case can be filed.
A certificate or affidavit of merit, meaning a written opinion from a qualified expert that the claim has a basis. Getting one takes time, because an expert has to review the records first.
Pre-suit notice, giving the provider a period of notice before filing.
A pre-suit screening panel in some states.
All of these take months. That is why "the deadline is three years" does not mean you have three years to think about it. The practical deadline for contacting a lawyer is considerably earlier.
Florida and Virginia
Both states have a no-fault program for a narrow category of severe birth injury, and where a claim is covered, the program is generally the exclusive remedy. 2 3
Each program has its own filing deadline, measured from the birth, and it is not the same as the civil deadline. 4 5
If you are in either state, this needs an attorney licensed there, and early. See Florida NICA and the Virginia birth injury fund.
What this site can and cannot tell you
The statute of limitations lookup shows, for each state, the statute citation for the medical malpractice limitations period and the minor tolling provision where we could tie it to the state's own published code, along with the date we last checked.
It does not calculate your deadline. That is deliberate. A countdown would be advice, and it would be wrong often enough to cause real harm.
Where we could not verify a state's provision against the state's own published code during this build, the tool says so rather than guessing. Those gaps are listed in the sources policy.
Statutes change. Legislatures amend these provisions, and courts interpret them. A citation that was correct last year may not be now.
Only a lawyer licensed in your state can tell you your deadline. That is not a disclaimer for its own sake. Deadlines turn on facts specific to your case: which providers, which facilities, when you knew what, and which of the four rules applies first.
What to do
- Find out roughly what your state's rules are. Use the statute of limitations lookup as a starting point, not an answer.
- Work out whether any facility was public. That can shorten everything dramatically.
- Note the mother's own claim separately.
- Get the records now. Nothing can be assessed without them, and requesting them takes weeks. 6
- Talk to an attorney licensed in your state, sooner than the deadline suggests, because of the expert review and pre-suit requirements.
- Ask the attorney to confirm the deadline in writing.
You can find licensed attorneys through your state bar association, which every state has. 1 See how to find and evaluate a birth injury attorney, which explains how to evaluate one without recommending anyone.
This page is general information. It is not legal advice. Deadlines are set by state law, they change, and they turn on the facts of your case. Talk with an attorney licensed in your state.
Questions parents ask
Do I have until my child turns 18?
Not necessarily, and assuming so is one of the more common and costly mistakes. Minor tolling rules differ a great deal by state, some medical malpractice statutes limit tolling more tightly than the general rule, and a statute of repose can cut a claim off regardless. 1 Check your state and confirm with an attorney licensed there.
What is a statute of repose?
An outer deadline measured from the date of the medical care rather than from when you discovered the injury. It is not affected by the discovery rule and it can end a claim before a shorter clock has started. It is the rule most likely to catch a family out.
Is my own deadline the same as my child's?
Usually not. A parent injured themselves has their own claim, and it generally runs on the adult clock, which is often much shorter. Families lose the mother's claim this way. Ask about both deadlines separately.
The hospital was county-run. Does that change things?
Often yes. Claims involving government-run facilities frequently require a formal notice of claim within a short window, sometimes measured in months, and missing it can end the claim even when the ordinary deadline is years away. Ask a lawyer to check the status of every facility and provider involved.
Why will this site not just tell me my deadline?
Because a deadline depends on which state, which providers, whether any facility was public, when you knew what, and how four different rules interact in your specific case. A number on a website would be wrong often enough to cause real harm. The lookup tool gives you the statute to take to a lawyer.
Words on this page, in plain English
- statute of limitations
- The deadline for filing a lawsuit. If you miss it, the court will usually refuse the case no matter what happened.
- statute of repose
- An outer deadline measured from the date of the medical care. It can cut off a claim even when a shorter clock has not started yet.
- tolling
- Pausing a legal deadline. Many states pause the clock for children until a certain age.
- discovery rule
- A rule that starts the deadline when you found out, or reasonably should have found out, about the injury.
Where these facts come from
- American Bar Association. State Bar Association Directory. 2025. www.americanbar.org/groups/bar_services/resources/state-loca. Link checked September 3, 2026.
- The Florida Legislature. Florida Statutes Chapter 766, Part I, Birth-Related Neurological Injury Compensation Plan. 2025. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Stat. Link checked September 3, 2026.
- Virginia General Assembly. Code of Virginia 38.2-5000 et seq., Birth-Related Neurological Injury Compensation Act. 2025. law.lis.virginia.gov/vacode/title38.2/chapter50/. Link checked September 3, 2026.
- Florida Birth-Related Neurological Injury Compensation Association. NICA Program Overview. 2025. www.nica.com/. Link checked September 3, 2026.
- Virginia Birth-Related Neurological Injury Compensation Program. Program Overview and Eligibility. 2025. www.vabirthinjury.com/. Link checked September 3, 2026.
- U.S. Department of Health and Human Services, Office for Civil Rights. Individuals Right under HIPAA to Access their Health Information, 45 CFR 164.524. 2024. www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/. Link checked September 3, 2026.