What is the Statute of Limitations in Illinois and Missouri for Birth Injuries?

statute of limitations in Illinois vs Missouri

In the anticipation of welcoming a new baby into your family, experiencing a birth injury is likely one of the last things on your mind. Thousands of birth injuries occur each year in America due to the negligence of doctors and other medical professionals in charge of you and your baby’s care. If your child experienced a birth injury, you have a right to file a birth injury claim; however, the differences in the statute of limitations in Illinois and Missouri may dictate how quickly you need to start a case.

What does the statute of limitations mean?

A statute of limitations is a law that establishes a set maximum amount of time a party has to file a lawsuit. The length of time depends on the type of case you have, the state or jurisdiction you live in and the severity of the offense. Typically, the statute of limitations clock begins on the date of your accident or act that gave rise to the claim.

For example, in some states like Missouri and Illinois, the statute of limitations on medical malpractice is two years, meaning a victim has two years to file a medical malpractice claim. If they were to wait even just one day past the 2 year mark, they would not be able to file their claim.

What are the statute of limitations in Illinois and Missouri for a birth injury?

If your child suffered a birth injury, you may not know right away. At Zevan Davidson Roman, we work on birth injury cases throughout the states of Illinois and Missouri and have a wealth of understanding about the intricacies of cases in both states. The statute of limitations in Illinois for birth injury claims on behalf of minor children states that lawsuits must be filed within eight years after the child’s birth. In contrast, in Missouri, a minor child injured at birth has until his or her 20th birthday to file a claim, or two years after they reach the age of majority.

If my child experienced a birth injury, what are my next steps?

In any birth injury case, the first step you should take is contacting a birth injury attorney. Each member of the ZDR team brings their years of experience, insider medical knowledge and diligence to each state’s specifications for birth injury cases to help you get the highest possible outcome.

Our attorneys will work with you to compile evidence, understand the statute of limitations in Illinois and Missouri, prepare you for settlements and trials and obtain rightful compensation for your family. If you are ready to build a birth injury case, schedule a free consultation with our attorneys today.

Missouri Birth Injury Lawyer


Contact Zevan Davidson Roman today.

Schedule your free consultation