Why You Should Hire a Birth Injury Attorney

You could be eligible for compensation for damages that are specific to your child suffers a birth injury due to medical malpractice. You may be entitled to compensation for your past and future medical costs as well as wages you've lost while taking care of your child, and more.

You will need to demonstrate that medical professionals have violated their duty of care to win your case. Your lawyer can assist you in proving this through medical experts.

Getting Started

As parents, you might be overwhelmed by the care of your baby and the medical bills that accompany it. You may also be dealing with the emotional trauma caused by your child's birth trauma.

You have the legal right to file an action to ensure that the hospital or doctor is held accountable for the harm they caused to your child. However, you'll need a birth injury attorney with experience to help you create a strong case. They can also help you negotiate an acceptable settlement. An experienced lawyer will be able to handle communication with insurance companies as well as file your claim. They will also be able to ensure that you meet the applicable statute of limitations.

The first step is obtaining an initial free case assessment with an experienced lawyer. During this meeting, the lawyer will review your medical records and assess whether you have a valid legal claim to compensation.

A good birth injury attorney has experience in handling medical malpractice cases and knows how to assess the merits of your claim. Additionally, the top lawyers have a proven track of court success. Ask the attorney how many cases they can handle at any given time and if they have a support staff to handle their cases. This will give you an idea of the level of attention your case will receive.

Medical Records - How Do I Get These Records

In a lot of cases medical negligence during labor and birth can result in serious injuries to infants and their families. A successful lawsuit may aid in the payment of future medical needs of the child. While a settlement cannot undo the harm done by medical staff however, it can assist families pay for medical treatments and therapies.

A good birth injury attorney will be familiar with the laws in your state that pertain to malpractice lawsuits. They are also likely to have represented clients who have similar cases similar to yours. While they may not be able divulge specific details about past settlements and verdicts (because such documents often contain confidentiality clauses) An experienced birth injury attorney can give you a general sense of how they have helped their clients.

Your birth injury lawyer will begin by reviewing medical records to determine if you have a case. They may also be required to get expert testimony. This typically involves speaking with other doctors to get an opinion from a professional on whether your doctor violated usual care of your baby's birth.

If your lawyer believes you have a valid case, they'll file a lawsuit against the defendants. This includes the nurse or doctor who delivered your child, as well as hospital personnel and anyone else who were involved in the birth. A successful lawsuit could result in compensation for your family’s lost income, medical costs as well as discomfort and pain.

Gathering Evidence

While advances in medicine have made birthing safer than before, mothers and infants are still at risk of complications. A medical professional's negligence can result in an entire life of medical expenses and financial burdens for families. A birth injury attorney can assist in obtaining financial compensation from the responsible doctors.

To prove that medical malpractice was the cause of the injuries, you'll need to prove it. This involves studying medical records and obtaining opinions from medical experts to determine whether the treatment provided was up to standards. Medical malpractice could include birth injury law firms trauma, obstetrical mistakes as well as injuries sustained during labor and birth.

An experienced lawyer for injury will be able identify the most credible witnesses and evidence to help your case. They will also be able to negotiate with insurance companies and to file a lawsuit when necessary. They are familiar with the strategies employed by insurance companies to limit settlements, and can manage the entire process.

A good birth injury attorney will be able to work on a contingency fee that is, they will pay all costs associated with the case and only receive a percentage of the amount they are able to win for you. This could save you money in the long run as you won't have to worry about paying an up-front cost.

Filing a Lawsuit

Your lawyer will file a lawsuit on your behalf if they believe you have an unsubstantiated claim. It is essential to begin this process as fast as you can, since the longer you wait and the longer it takes, the more difficult it will be for you to create a solid case and get fair compensation for your kid.

Your lawyer will send a letter to the medical provider(s) informing the provider of your malpractice claim. Your lawyer will work with their insurance companies in an effort to settle the claim. A good birth injury attorney has the knowledge and experience to know the tactics insurers employ to reduce settlement offers.

Your lawyer may also consult with financial and medical experts to determine the right amount to be requested in the form of a damages award. The amount you request will take into account the impact that the accident has caused your family financially and emotionally. It will also include any ongoing medical treatment and an estimate of the cost of living.

If your lawyer fails to come to a deal with the defendant(s) in your case, they will take your claim to trial. The majority of the time, this happens before jurors and judges who will then decide the outcome of your case. A successful trial can often result in the amount you need much earlier than a settlement.