On average, over 10,000 babies are born in the United States every day, and 10% of these children will have complications that require special assistance. If the obstetrician or midwife isn’t focused, children who require special assistance can suffer serious injuries before, during, or after the birth. Some of these injuries are immediately noticeable, but others won’t show up until weeks, or even months, after the procedure. Due to prolonged birth injury discovery, it’s essential to identify the statute of limitations for Michigan birth injuries.
Michigan’s Statute of Limitations for Birth Injuries
If you decide to pursue a claim for a birth injury, there are time limits within which the case must be filed, or it may be forever barred. Here is the general rule concerning the statute of limitations for child injuries caused by malpractice: if he/she was less than eight (8) years old at the time of the malpractice, the statute of limitations would not expire until the minor’s tenth (10th) birthday.
Therefore, a failure to file the case on or before the tenth (10th) birthday may forever bar the claim.
It’s critical to note that Michigan law also requires that you mail out a properly addressed: “Notice of Intent to File a Claim” (NOI) and provide the potential defendants one hundred and eighty-two (182) days’ notice before the complaint can be filed in the appropriate court.
Our attorneys recommend that the NOI be mailed no later than the minor’s nine and one-half age mark, given that the complaint should be filed after the one hundred and eighty-two (182) day waiting period expires so that the complaint can be filed before the minor’s 10th birthday.
While this is the general rule of thumb regarding the statute of limitations for birth injuries, you should always have an attorney calculate the specific statute of limitation date(s) in your potential claim.
File Claim as Soon as Possible
The ten-year-old statute of limitations rule gives you a lot time to file your case, but every birth injury attorney would suggest you file your case as soon as you can. The longer you wait to get your case going, the more difficult it may be to pursue given that memories fade and evidence can be lost over time. Therefore, time is of the essence! If you’re ready to talk to an attorney about your case, Grewal Law is ready to listen.
Ready to file your birth injury case? Call (888) 211-5798 now for a free consultation!