Georgia Cerebral Palsy Statute of Limitations

By Audrey M. Tolson

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Medical Malpractice

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Last Modified on Jan 14, 2026

Cerebral palsy can often happen as a result of a birthing injury caused by a parent’s medical team. While your child can still live a full life with this condition, it’s natural to feel angry at the responsible party for their actions. Knowing Georgia’s cerebral palsy statute of limitations can help you understand if a legal case can be pursued in your unique situation.

Hire a Cerebral Palsy Lawyer to Represent Your Case

For over 30 years, The Tolson Firm, LLC has focused on representing clients who have experienced injuries due to another’s actions or negligence. As proud Black attorneys, our team is passionate about protecting the legal rights of our Georgia neighbors and community members. We can provide you with the knowledge needed to make informed decisions about your case.

Let our skilled team take care of the legal side of things for you so you can focus on you and your child’s well-being.

The Reality of Birthing Injuries in the United States

In the United States, 20% of infant deaths happen every year because of birthing injuries. These injuries are unfortunately common, with one in three American clinicians having had a case opened against them at some point in their career.

A common birthing injury is cerebral palsy. Out of every 1,000 minor children in the United States, two to three have cerebral palsy. It is one of several serious types of birth injuries that can occur due to medical negligence.

Cerebral palsy happens when a baby’s brain is damaged before, during, or shortly after birth. Sometimes, this can be caused by medical negligence. This can include cases of a medical professional:

• Failing to monitor fetal distress
• Failing to treat infections in the mother or baby
• Delaying or denying a C-section, even if it’s been deemed medically necessary
• Misusing birthing tools, such as forceps or vacuum extractors

When this happens, parents may be able to open a legal case against the person who hurt their child.

Cerebral Palsy Statute of Limitations in Georgia

Georgia has strict filing deadlines for medical malpractice cases, especially for birth injury statute of limitations. If you fail to file within the proper deadlines, the courts are likely to dismiss your case entirely, barring you from pursuing any compensation.

Generally speaking, victims have two years to file their medical malpractice claim. However, because a birthing injury that leads to cerebral palsy happens to a newborn, specific rules apply.

These cases must be filed before your child’s seventh birthday.

It’s important to hire a cerebral palsy lawyer before filing. A lawyer with a niche focus on medical injuries and Georgia law can increase your chances of a successful case.

How Georgia Courts Determine Fault in a Birth Injury Case

When deciding how much compensation to award a victim and who should pay, courts in Georgia assign everyone involved in the incident a percentage of fault. The final compensation awarded to you is split between the guilty parties. For example:

• A nurse may be assigned 10% at fault for the incident
• The doctor may be assigned 70% at fault for the incident
• The hospital may be assigned 20% at fault for the incident

This system helps ensure that wrongdoers only have to pay what they’re responsible for.

The Benefits of Mediation in a Birthing Injury Case

Many victims prefer to avoid trial if possible. A common way to do so is by attending mediation. Mediation is run by professional third parties, called mediators. During these sessions, you and the other party involved in the case discuss your legal issues and work to agree. Mediators help both sides feel heard, but don’t have any legal say in what happens.

If you and the other party can agree, you sign a written agreement to submit to the court for final approval.

If you and the other party can’t agree, then the case proceeds to trial, where a judge has the final say.

Mediation helps save time and money, as well as keep control in your hands. It’s important to have your lawyer with you at all times during these sessions for maximum protection.

FAQs

What Types of Damages Can I Pursue in a Birthing Injury Case?

There are two main types of damages that you can pursue in a birthing injury case. Economic damages help victims recover compensation for financial losses. This includes medical bills, such as surgeries, medications, physical therapy, mobility aid devices, and mental health therapy.  Non-economic damages help victims recover compensation for emotional losses. This can include pain and suffering, loss of enjoyment of life, and disfigurement.

Can I Win Punitive Damages in a Cerebral Palsy Claim?

You may be able to win punitive damages in a cerebral palsy claim, depending on the unique details of your situation. Punitive damages are awarded on top of regular damages when the wrongdoer acted with extreme malice or negligence. In Georgia, these damages are typically capped at $250,000. However, if the responsible party was acting under the influence of drugs or alcohol or intentionally caused harm, there is no cap.

How Do I Prove My Cerebral Palsy Claim?

To prove your cerebral palsy claim, you need to provide the court with extensive evidence. Courts rely on evidence to make their final decision. This can include witness and professional testimony, as well as surveillance footage of the incident. Include your child’s medical records and relevant photos and videos. It can be helpful to provide a written, detailed timeline of events and resulting losses. Understanding the full process of filing a birth injury lawsuit in Georgia can help you prepare for each step.

Can I File My Birth Injury Case Against the Hospital?

You may be able to file your birth injury case against the hospital where your child was injured. Because births require an entire staff of medical professionals, it’s common for multiple parties to be responsible for the injury. This can include the doctor, nurses, hospital staff, and even the hospital itself for failing to prevent the injury. Your lawyer can help you determine who you can file your claim against.

Work With Experienced Injury Lawyers in Georgia

Contact The Tolson Firm, LLC today to schedule your confidential consultation with one of our attorneys. You don’t have to go through this difficult time alone. We value helping clients feel in control of their lives after experiencing destabilization.