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In Pennsylvania and New Jersey, the statute of limitations is generally two years from the discovery of negligence. However, for any claim involving a child, whether it’s a birth injury claim or a negligence claim concerning a minor, the statute does not begin until the child’s 18th birthday. This effectively allows the child until the age of 20 to bring a claim for their injuries.
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Philiadelphia, PA personal injury attorney Leon Aussprung M.D., ESQ. talks about the statute of limitations for filing a birth injury case. In Pennsylvania and New Jersey, the statute of limitations for negligence claims is typically two years from the date the negligence is discovered. However, in cases involving a child—such as birth injury claims or other negligence claims affecting minors—the statute of limitations is delayed until the child’s 18th birthday. This provision effectively gives the child until age 20 to file a claim for their injuries.