Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury resulting from medical negligence, you may be eligible for compensation for damages. You may be entitled to compensation for past and future medical expenses, wages you lost caring for your child, and more.

To be successful in your claim, you will need to demonstrate that the medical experts violated their duty to care. Your lawyer can help you in establishing this by using medical experts.

Getting Started

As parents, you could be overwhelmed by taking care of your newborn and the medical bills that accompany it. You could also be coping with emotional trauma resulting from the possibility that your child suffered a birth injury [see this page] due to negligence on the part of medical professionals.

You are entitled to file a lawsuit to ensure that the hospital or doctor is held accountable for the injury to your child. But, you'll require a birth injury lawsuit injury lawyer with years of experience to help you make a convincing case. They can also assist you negotiate a fair settlement. An experienced lawyer will be able to manage the communication with insurance companies and file your claim. They can also ensure that you have met the statute of limitations applicable to you.

The first step is obtaining an initial free case assessment with an experienced lawyer. In this session the lawyer will go over your medical records and assess whether you have an appropriate legal claim for compensation.

A reputable birth injury lawyer will have the experience of handling medical malpractice claims and know how to evaluate the merits of your case. In addition, the best attorneys have a demonstrated track of success in court. Ask the lawyer how many cases they handle at any given time and if they have support staff in place to handle their cases. This will give you a better idea of the amount of the attention your case will receive.

Medical Records - How to get They

In many instances, medical negligence during labor and delivery could cause serious injuries to babies and their families. A successful lawsuit may assist in paying for the future medical needs of a child. A settlement could aid families in paying for necessary treatments and therapies.

A reputable birth injury lawyer should be knowledgeable of the laws governing malpractice claims in your state. They are also likely to have represented clients in similar cases similar to yours. They may not provide specific details regarding settlements or verdicts from the past as such documents usually contain confidentiality provisions, but an experienced birth injury lawyer should be able to give a general overview of how they have helped their clients.

Your lawyer for birth injuries will initially review your medical records to determine if there is any claims. They may also be required to get expert testimony. This usually involves consulting other doctors to get an official opinion about whether your doctor breached the normal guidelines for your baby's birth.

If your lawyer believes that you do have an appropriate claim the lawyer will start a lawsuit for birth injuries against the defendants. This usually includes the doctor who delivered your baby as along with any nurses and hospital personnel who were involved in the birth of your child. A successful lawsuit could result in compensation for your family’s lost income, medical bills and discomfort and pain.

Gathering Evidence

While medical advances have made childbirth more secure than in the past, mothers and their babies still have a chance of suffering complications. Accidents that result from negligence of a doctor could result in an entire lifetime of medical expenses and financial hardship for families. A birth injury lawyer can help families seek financial compensation from the responsible doctors.

In order to prove that medical malpractice was the cause of the injuries, you will have to prove it. This will mean looking over medical records and getting opinions from medical experts in order to determine if the treatment was up to standard. Some injuries that can be deemed medical malpractice are obstetrical error birth injury or birth traumas, as well as injuries incurred during labor and birth.

A seasoned injury lawyer will be able to identify the most effective evidence and witness testimonies to back up your case. They also have the knowledge to bargain with insurance companies and also file lawsuits if needed. They are familiar with the tactics employed by insurance companies to limit settlements, and they are able to manage the entire process.

A skilled birth injury lawyer will work on contingency that is, they'll pay for your expenses and charge you a percentage if they prevail. This will save you money over time as you won't have to pay an upfront fee of a significant amount.

Filing an action

Your lawyer will file a lawsuit on your behalf if they believe that you have a valid claim. It is important to begin this process as soon as possible because the longer you put off and the longer you wait, the more difficult it will be to build an effective case and win fair compensation for your child.

The medical provider(s) will then be served with a letter from your attorney informing them of the malpractice claim. Your lawyer will then work with insurance companies to settle the case. A reputable birth injury lawyer has experience and expertise to navigate the tactics used by insurance companies to cut down settlement offers.

Your lawyer can consult with medical and financial experts to determine the right amount that should be requested in the form a damages award. This amount will be calculated based on the financial and emotional effects of the injury on your family. This will include ongoing medical treatment and an estimate of the cost of living.

If your lawyer cannot reach a settlement in your case with the defendants, they'll present your claim in the court. This is usually conducted in front a judge and jury, who will determine the outcome of your case. A successful trial can often result in compensation much sooner than a settlement would.