Statute of Limitations for Birth Injury Lawsuits in Milwaukee

The birth of a child is a moment of hope and anticipation for parents, but when a birth injury occurs due to medical negligence, it can have long-lasting consequences for the child and their family. If your family has been affected by a birth injury in Milwaukee, Wisconsin, it is important to understand the statute of limitations and the role of Milwaukee birth injury attorneys in seeking justice. This article explores the statute of limitations for birth injury lawsuits in Milwaukee and how experienced birth injury attorneys can assist families in their pursuit of justice.

Understanding the Statute of Limitations:

The statute of limitations sets the time limit within which a legal claim must be filed. In Milwaukee, Wisconsin, the statute of limitations for birth injury lawsuits varies depending on the circumstances. It is crucial to consult with a Milwaukee birth injury attorney to understand the specific deadlines applicable to your case. However, the general guidelines are as follows:

Standard Statute of Limitations:

  • In Wisconsin, the standard statute of limitations for medical malpractice cases, including birth injury lawsuits, is three years from the date of the injury or from the date the injury should have been discovered through reasonable diligence. This means that a lawsuit must be filed within three years from the occurrence of the birth injury or from the date the injury was reasonably discovered.

Statute of Repose:

  • Wisconsin also has a statute of repose, which sets an absolute deadline for filing medical malpractice claims. The statute of repose for birth injury lawsuits is generally no more than five years from the date of the act or omission that caused the injury, regardless of when the injury was discovered or should have been discovered.

Exceptions and Extensions:

It is important to note that there may be exceptions or extensions to the statute of limitations in certain circumstances, such as cases involving minors or cases where fraudulent concealment of the injury occurred. Consulting with a Wisconsin birth injury attorney is crucial to understanding any exceptions or extensions that may apply to your specific case.

How Milwaukee Birth Injury Attorneys Can Help:

Milwaukee birth injury attorneys play a crucial role in helping families seek justice for birth injuries caused by medical negligence. Here’s how they can assist:

Legal Evaluation and Guidance:

  • Experienced birth injury attorneys in Milwaukee provide families with a comprehensive evaluation of their case. They review medical records, consult with medical experts, and assess the viability of the claim. They offer guidance on the legal options available and the best course of action.

Investigation and Gathering Evidence:

  • Milwaukee birth injury attorneys conduct thorough investigations to gather evidence supporting the claim of medical negligence. They analyze medical records, consult with experts, and interview witnesses to build a strong case. Their expertise allows them to identify critical factors that contributed to the birth injury.

Expert Testimony and Medical Review:

  • Birth injury attorneys work closely with medical experts to review the medical care provided during childbirth. They consult these experts to obtain opinions and testimonies regarding the standard of care, any deviations from it, and the resulting harm to the child. Expert testimony is crucial in establishing the link between medical negligence and the birth injury.

Negotiation and Litigation:

  • Milwaukee birth injury attorneys have the negotiation skills necessary to advocate for families during settlement discussions with insurance companies or the opposing party. If a fair settlement cannot be reached, they are prepared to take the case to trial. They will represent the family’s best interests, present the evidence, question witnesses, and argue the case in court.

Conclusion:

Understanding the statute of limitations is essential when pursuing a birth injury lawsuit in Milwaukee. The guidance and expertise of Milwaukee birth injury attorneys are invaluable in navigating the legal process and seeking justice for your family. If your child has suffered a birth injury due to medical negligence, it is crucial to take action promptly. Consult with skilled birth injury attorneys who can provide you with the necessary support, navigate the legal complexities, and fight for the justice and compensation your family deserves. Remember to act within the statute of limitations and gather all relevant documents to build a strong case.