Birth Injury Attorney can help you get the money you need for medical bills and ongoing therapy. They can also help you fight for a fair settlement from the insurance company.
The first step is proving that medical negligence occurred. This can involve getting medical records and hiring experts to evaluate them.
Your lawyer’s first step will be to assess whether or not your case is viable. This typically involves a free consultation and the signing of an attorney-client agreement. Once that is done, your attorney will begin the process of evaluating medical records and obtaining expert opinions to prove your case. Your lawyer will also help you establish the monetary value of your child’s injuries and future needs. This can be a complicated calculation that requires the help of multiple experts to get right.
You may be able to recover compensation for your child’s current and future medical costs, including surgeries, medications, therapies, rehabilitation, in-home nursing care, and specialized equipment. In some cases, you can even recover past and future lost income due to the inability to work as a result of your child’s condition. You can also claim non-economic damages like pain and suffering, loss of enjoyment of life, and emotional distress. In extreme cases of negligence or recklessness, punitive damages can also be awarded.
In some cases, your birth injury attorney will attempt to settle your claim with the responsible doctor and hospital before pursuing a lawsuit. This is known as a demand letter and it will outline the details of your claim, how the doctors violated their professional standards, and the financial compensation that your child will need to live a comfortable life.
If you do decide to file a lawsuit, your lawyer will be ready to negotiate with the doctor and hospital’s insurance companies. Often, these cases settle out of court because doctors and hospitals do not want to be publicly criticized for their malpractice.
In other cases, you may need to go to trial to win your case. If you go to trial, your lawyer will be there for every step of the way. They will prepare you for depositions, questioning of witnesses, and presenting evidence at trial. The goal of your trial will be to convince a jury that the doctors were negligent and your child was injured as a result. The jury will then award you the appropriate financial compensation for your child’s injuries.
They Can Help You Fight for a Fair Settlement
The birth of a child is a joyous event, but one medical error can change your entire family’s life in an instant. If your child suffered an injury during labor and delivery due to a doctor or hospital staff’s negligence, you deserve fair compensation for the damages you have incurred.
A birth injury attorney can help you negotiate with the malpractice insurers. This can include submitting a demand package with detailed information about the injuries, including expert testimony and medical records to prove liability. The insurance company may ignore the demand or make a counteroffer, and this back-and-forth can continue until an agreement is reached.
In many cases, a settlement can be obtained without filing a lawsuit. This is often the best option for families that cannot afford to wait for a trial date or risk running out of time to meet legal deadlines, such as statutes of limitations. However, if a lawsuit is necessary, the lawyer will file a claim with the appropriate court and become your legal representative.
Regardless of whether you settle or go to trial, your lawyer can help you establish the appropriate value of your losses and expenses for your case. This includes proving the cost of current and future medical bills, as well as noneconomic damages such as pain and suffering.
The right birth injury attorney can protect your rights and ensure you receive a fair settlement. Insurers will be more likely to offer a higher settlement if they know you have a skilled and experienced legal team on your side.
Choosing the right lawyer is critical, as there are strict legal requirements that must be met for a birth injury claim to be successful. For example, you should find out how many cases a firm usually manages at any given time and whether they have dedicated support staff. You should also ask how much you will have to pay upfront, and if they work on a contingency fee basis. This means they only get paid if they succeed in getting you a fair settlement or win the case at trial.
They Can Help You Get the Medical Care Your Child Needs
Depending on the extent of your child’s injuries, they may require lifetime care. A medical malpractice claim can help you get the money needed to pay for these costs. It can also hold at-fault medical professionals responsible for their mistakes.
A lawyer’s job is to gather evidence and build a strong case that proves negligence. They will review your family’s medical records and may hire medical experts to analyze them. They will also collect any other documents they need to support their claims.
They will then communicate with your doctor’s insurance companies to try to settle your case. If they cannot, they will file a lawsuit. During litigation, they will depose your doctor and other medical staff. They will examine their testimony and other documents to find out what happened during your child’s delivery.
If they can prove that your doctor violated the standard of care, they can win you a large jury award. This money can cover your family’s economic losses and non-economic damages like pain and suffering.
Birth injuries are devastating for families, especially when they cause permanent health problems and disabilities. They can be expensive to treat, and they can make it difficult for families to afford their child’s treatment. Compensation from a lawsuit can relieve financial pressure, provide resources to support your child’s needs, and motivate medical staff to improve safety training.
It is important to find an attorney with experience handling medical malpractice cases, especially birth injury cases. They will understand the complex medical issues and have a thorough understanding of the legal process. They will be able to negotiate with the medical malpractice insurers and know how much your case is worth.
During the interview, you should ask potential attorneys how many birth injury cases they manage at one time and whether they have a support team to handle their workload. This will ensure you can always get in touch with your lawyer and that your case is receiving the attention it deserves. In addition, you should also find out how often they go to trial and their success rate in court.
They Can Help You Get the Compensation You Deserve
A successful birth injury lawsuit can lead to compensation for your family’s medical expenses, loss of income from your child’s inability to work, and pain and suffering. It can also hold the doctor or hospital responsible for the harm they caused to your family. Many families find a sense of justice in being able to hold the people they trusted accountable for their mistakes.
If you are considering hiring a lawyer to represent your child in a case of a birth injury, it is important to do your research first. Many lawyers say they specialize in birth injury cases, but you need to know what their experience is with the specific condition you are seeking compensation for. For example, if your child has cerebral palsy or Hypoxic Ischemic Encephalopathy, you need to find out how much the attorney knows about these conditions.
The first step to filing a lawsuit is to collect evidence that shows negligence occurred during your child’s delivery. This can include medical records, hospital bills, and other documents. Your attorney can help you compile this information and then determine if there was a breach of the standard of care in your case. If so, they will need to show that this breach led directly to your child’s injuries.
After establishing that there was medical malpractice, your birth injury attorney will work with experts to calculate the full extent of your damages. This can be a difficult task since it can be hard to predict what your child’s future costs will be. They will take into account the cost of medical care, rehabilitation, therapy, and other services that are necessary to give your child a good quality of life.
Once your attorney has compiled this evidence, they will file a lawsuit with the appropriate court in the county where your child’s birth injury occurred. This will make the doctors, hospitals, and other medical providers become defendants in the case. They will then have the opportunity to defend themselves by providing more documentation through discovery. This may include depositions, which are sworn statements made under oath.