There is no standard duration for a birth injury claim. Timing depends on obtaining records, expert availability, how clearly the child's long-term needs can be predicted, whether liability is disputed, and whether court proceedings become necessary.
Collecting records
Records may sit with several hospitals, clinics and therapy providers. Monitoring data, imaging and archived paper files can take time to locate. Delays in this stage push back every later step, so lawyers usually request records early.
Expert availability
Suitable independent experts in obstetrics, neonatology and paediatric neurology are in demand. Reports must also be prepared in the right order: experts on care and causation usually need complete records, and care experts often need medical opinions on prognosis first.
Waiting for prognosis
For young children, the full effect of a brain injury may not be clear for several years. Settling before needs are understood risks undervaluing future care, schooling, work capacity and housing. This waiting period is often the main reason children's claims take longer than adult claims.
- Developmental milestones and assessments
- Education and supervision needs
- Communication and mobility outcomes
- Specialist views on adult independence
Negotiation
When liability is admitted, the focus moves to the value of loss, which can still take time. When breach or causation is disputed, the parties may exchange further expert reports, and mediation may be scheduled once both sides have the evidence they need.
Court stages
If proceedings are filed, court timetables, interlocutory steps and hearing availability add time. Settlements for children often require court approval, which is another step before payment. Time limits for starting proceedings run separately from this process and must be checked early, even when settlement is far off.
For your next conversation
- A list of every hospital and provider that may hold records
- Upcoming developmental or specialist assessments
- Questions about any limitation date for your jurisdiction
- Your family's need for interim support or funding
- How often your lawyer will provide progress updates
Common questions
Can we receive any money before the claim finishes?
In some cases, interim payments or arrangements may be possible, especially where liability is admitted. Whether this is available depends on the jurisdiction, the defendant and the facts. Ask your lawyer whether it is worth pursuing and how it would affect the final amount.
If we must wait for our child's prognosis, could we miss a time limit?
Waiting to finalise damages is different from waiting to start a claim. Lawyers may need to file or give notice early to protect your rights, then pause until evidence about future needs is ready. Get advice about time limits early.
Sources & further reading
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.