Q: My daughter was severely brain injured at birth in 2010. Do I still have time to bring a lawsuit for her damages in IL
We had to do so many other things to keep her well, to take her to her doctors' appts and to adjust to her needs.
A: As long as your daughter's birth injuries were not caused by a federally funded agency (clinic) where the statute of limitations would be two (2) years, in Illinois an action for damages or injury or death against any physician or hospital as in this case your described, must be brought within 8 years from the date of the acts or omissions that caused your daughter's brain injury. In that case, you could still bring a lawsuit because the time had not yet run. One should note that if the person entitled to bring the action is under a legal disability, other than being underage, the period of limitations does not begin to run until the disability is removed.
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