Why You Should Hire a Birth Injury Attorney

You may be entitled compensation for damages that are specific to your child is born with an injury as a result of medical negligence. You may be entitled to compensation for your past and future medical costs, wages you lost caring for your child and more.

You will need to show that medical professionals violated their duty of care in order to win your case. Your lawyer can assist you establish this through the assistance of medical experts.

Getting Started

As parents, you could be overwhelmed with the care of a newborn and the associated medical bills. Additionally, you could be dealing with emotional trauma from the possibility that your child suffered injuries to his or her birth due negligence in the medical field.

You are entitled to file a lawsuit against the doctor or hospital who caused your child's injury, but you will need an experienced birth injury lawyer to construct an impressive case and assist you secure an equitable settlement. An experienced attorney can handle the insurance companies' communications to file your claim and ensure you meet the statute of limitations applicable to your situation.

The first step is to request an assessment of your case free of charge from an experienced lawyer. During the consultation, your lawyer will review all of your medical records to determine whether you have a valid claim for compensation.

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

Finding Medical Records

In many cases, medical negligence during labor and birth can cause serious injuries to infants and their families. A successful lawsuit can help pay for future care requirements of the child. While a settlement cannot undo the harm done by medical staff however it can help families pay for needed treatments and therapies.

A good birth injury lawyer will be familiar with laws pertaining to malpractice claims in your state. They are also likely to have represented clients in similar cases to yours. They may not be able give you specific details about past verdicts or settlements because these documents typically contain confidentiality provisions, but a skilled birth injury lawyer should be able give a general overview of how they helped their clients.

Your lawyer for birth injuries will first look over your medical records to determine if there is an opportunity to claim. They may require expert testimony. Typically, this means consulting with other doctors to get an official opinion on whether your doctor violated the standard of care during the birth of your child.

If your lawyer decides that you do have an appropriate claim then they will initiate a birth injury lawsuits injury lawsuit against the defendants. This includes the doctor or nurses who delivered your child as well as hospital personnel as well as any other persons who were involved in the birth. A successful lawsuit could result in compensation for your family’s loss of income, medical expenses and discomfort and pain.

Gathering Evidence

While medical advances have made birthing safer than before, mothers and babies are still at risk of complications. Injuries that result from negligence of a doctor could cause the cost of medical treatment for a lifetime and hardship for families. A birth injury law firms injury lawyer can assist the injured party seek financial compensation from the medical professionals responsible for the injury.

A successful claim requires evidence that the injuries were caused by medical malpractice. This involves looking over medical records and getting opinions from medical experts in order to determine if the treatment was up to standard. Acute injuries that are deemed medical malpractice are obstetrical error, birth trauma, and injuries sustained during labor and birth.

A seasoned injury lawyer will be able to determine the most effective evidence and witness testimonies to support your case. They also have the expertise to negotiate with insurance companies and to file lawsuits if needed. They are aware of the pressure tactics that insurers use to minimize settlements and are able to manage the entire process from beginning to completion.

A skilled birth injury lawyer will practice on a contingency basis that means they take care of your expenses and only charge you a percentage of the amount if they are successful. This can save money over time as you won't be paying a large fee up front.

Filing an action

Your attorney will file a suit on your behalf if they believe that you have an adequate claim. It is essential to begin this process as quickly as possible, because the longer you wait and the longer you wait, the more difficult it will be for you to create a solid case and get the right amount of compensation for your child.

The medical provider(s) will then receive a letter from your attorney informing them of the malpractice claim. Your lawyer will then negotiate with the insurance companies to settle the case. An experienced birth injury lawyer has the experience and knowledge to be able to discern the strategies insurance companies employ to limit settlement offers.

Your lawyer can also work with financial and medical experts to determine the best amount to ask for in the form of an award for damages. The amount will consider the impact the injury has caused your family financially as well as emotionally. It will also include any ongoing medical treatments and estimates of cost of living.

If your lawyer is unable to reach an agreement in your case with the defendants, they'll bring your claim to the court. This usually takes place before a judge and jury, who decide the outcome of your case. A successful trial verdict will often mean that you receive the amount you need much earlier than a settlement would.