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Why You Should Hire a Birth Injury Attorney

You may be entitled compensation for special damages if your child is born with an injury as a result of medical negligence. These could include past and future medical expenses, the wages you have to forfeit to care for your child, and more.

In order to win your case, you will need to show that medical experts violated their duty of care. Your lawyer can assist you to prove this by making use of medical experts.

Getting Started

As parents, you might be overwhelmed by the care of your baby and the associated medical bills. You may also be suffering from the emotional trauma of your child's birth injury.

You have the right to bring a lawsuit against the hospital or doctor who caused your child's injury but you'll require an experienced birth injury lawyer to construct a solid case and help you get an appropriate settlement. An experienced attorney will be able to manage 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 to obtain an evaluation of your case for free with an experienced lawyer. During the consultation your lawyer will go through all medical records to determine whether you are entitled to a claim for compensation.

A good birth injury lawyer will have the experience of handling medical malpractice claims and are able to assess the merits of your case. The best lawyers also have an established track record of success. When interviewing an attorney, inquire about the number of cases they usually take on at any given time and if they have a support staff to assist in managing their ongoing caseload. This will give you a clear insight into the amount of attention your case will receive.

Medical Records - How Do I Get These Records

In many cases, medical negligence during labor and birth can result in serious injuries to babies and their families. A successful lawsuit can help pay for future care requirements of the child. A settlement can help families pay for needed treatments and therapies.

A reputable birth injury lawyer should be well-versed in the laws that govern malpractice claims in your state. They should have represented clients in cases similar to yours. They might not be able provide specific information about settlements or verdicts from the past as the documents generally contain confidentiality provisions, however a knowledgeable birth injury lawyer should be able to provide a general understanding of how they have helped their clients.

Your birth injury lawyer will start by reviewing medical records to determine whether you have a case. They may need to get expert testimony. This typically means speaking with other physicians to get a formal opinion on whether your doctor violated standard care during your baby's birth.

If your lawyer concludes that you have a valid case, they'll bring a 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 involved in its birth. A successful lawsuit could earn you compensation for your family's lost income, as well as out of pocket medical expenses, as well as suffering.

Gathering Evidence

While medical advances have made birthing safer than ever before, both mothers and babies are still susceptible to complications. Accidents that result from negligence by a doctor can cause a lifetime of medical costs and financial hardship for families. An attorney who specializes in birth injuries can help them seek financial compensation from the accountable doctors.





A successful claim requires evidence that the injuries were caused by medical malpractice. This requires looking over medical records and requesting opinions from medical experts to determine if the treatment met accepted standards of medical care. Medical malpractice could include birth trauma, obstetrical malpractices and injuries that occur during labor and birth.

An experienced attorney for injuries will be able to determine the most effective evidence and witness testimony to support your case. They also have the expertise to bargain with insurance companies and file a lawsuit when necessary. They are aware of the pressure tactics that insurers use to minimize settlements, and can manage the entire process from start to end.

A reputable birth injury lawyer will be on a contingency basis which means they will pay all expenses related to the case and only receive a percentage of what they can win for you. This can save you money over the long term since you don't need to worry about paying an up-front cost.

Filing a Lawsuit

When your attorney believes that you have a plausible claim, they will initiate a lawsuit on your behalf. It is crucial to start this process as fast as possible, because the longer you put off and the longer it takes, the more difficult it will be for you to make a solid case and get fair compensation for your kid.

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

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

If your lawyer fails to reach a settlement agreement with the defendant(s) in your case, they'll bring your claim to trial. Typically, this occurs in front of a judge and jury who will then decide the outcome of your case. A successful trial verdict will often result in the amount you need much earlier than a settlement would.