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About the Oklahoma Statute of Limitations for Birth Injury

The Statute of Limitations is a fancy way of saying that you have a time limit to file your birth injury claim. Once that deadline has passed, the court won’t accept your case, no matter how valid it would have been. Therefore, it’s important to file as soon as possible.
Not all birth injuries show symptoms right away. Some of them may take months or years for the parents to receive a correct diagnosis. Therefore, the statute of limitations in Oklahoma gives patients a longer period of time to file a case regarding birth injury.
For children who are under 12 years of age, the statute of limitations in Oklahoma gives you 7 years from the date of the injury to file a medical malpractice claim. When you’re talking about a birth injury, the date of the injury was at birth, meaning that you would have until the child’s 7th birthday to file a claim.
(For a medical malpractice injury that happened to your child after their birth, our personal injury attorneys can still help! The statute of limitations would still apply, but the seven years would start counting the day the injury happened. For children who are older than 12, you have until their 19th birthday to file.)
With that being said, don’t wait until the time is almost up. Your birth injury case may overlap with other actionable cases, such as wrongful death, where the statute of limitations is shorter (only two years). If you file as early as possible, your lawyer may see a way to sue for more than one thing in order to recover the maximum compensation.

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