Updated
Every state runs its own rules. We will not pretend otherwise.
Filing deadlines, rules for claims involving children, pre-suit requirements, expert affidavits, damage limits and special programs all differ by state. A national summary that hides those differences is worse than no summary. Here is how we handle it.
No state guide is published until it has been reviewed
For each state we research, from primary sources, the medical negligence filing requirements, the time limits and how they apply to minors, any notice or pre-suit steps, expert certification rules, rules on damages, any special compensation program, and how attorneys may advertise and accept introductions there. A guide is then reviewed by an attorney licensed in that state. Only after that review does it appear on this site, with the reviewer named once verified and the date it was last checked.
Today, no state guide has completed that process, so none is published. We would rather be slow than wrong about a deadline.
Two states have special programs
Florida and Virginia each operate a program that can provide benefits for certain qualifying birth-related neurological injuries without proving negligence, and that can limit or replace a conventional lawsuit for qualifying injuries. If your child was born in either state, this matters to any conversation about legal options.
- Florida: the Florida Birth-Related Neurological Injury Compensation Association (NICA), established under Chapter 766 of the Florida Statutes.
- Virginia: the Virginia Birth-Related Neurological Injury Compensation Program, established under Title 38.2, Chapter 50 of the Code of Virginia.
Eligibility, procedure and the effect on a family's other options are set by each statute. We link to the programs and the statutes directly rather than summarising them, until an attorney in each state has reviewed our summary.
How a state becomes "live" on this site
A state is not operational because a page exists. Before the attorney-connection service accepts requests from a state, every item below must be complete for that state: legal research from primary sources; attorney review of the content; at least one verified participating attorney; a counsel-reviewed introduction agreement that complies with that state's rules on advertising and referral services; consent wording reviewed for that state; privacy review; tested routing; and a final sign-off. The current status of every state is tracked internally and, as states go live, will be published here.
What you can do now
Ask for your child's records, read the legal information guides for the general principles that apply everywhere, and, if you want to talk to an attorney, read how the service works.
Sources
Every source below was opened and its title confirmed on the date shown. Sources are listed so you can read them yourself.
- NICA — Florida Birth-Related Neurological Injury Compensation Association — Florida Birth-Related Neurological Injury Compensation Association
- Florida Statutes, Chapter 766 — Medical Malpractice and Related Matters — Florida Legislature
- Virginia Birth-Related Neurological Injury Compensation Program — Virginia Birth-Related Neurological Injury Compensation Program
- Code of Virginia, Title 38.2, Chapter 50 — Virginia Birth-Related Neurological Injury Compensation Act — Virginia Law (Legislative Information System)