The Benefits of a Birth Injury Settlement

A birth injury settlement can help cover medical treatments which can be expensive. The amount you receive will depend on the type of birth injury law firm injury your child experienced.

The most severe birth injuries, such as cerebral palsy can result in lifelong care costs. These expenses are called economic damages and are not subject to maximum caps.

Compensation

If nurses or doctors make mistakes during childbirth that lead to permanent, life-altering consequences for the injured baby and/or mother, they may be held accountable under the laws governing medical malpractice. In certain cases, the court may award compensation for damages, such as pain and discomfort, loss of consortium and future physical therapy, medical costs, and more.

A birth injury lawsuit also seeks reimbursement for other costs which could be avoided if the doctor did not commit wrongdoing, for example, lost income or diminished earning capacity. Parents who have to care for their disabled child often need to quit their jobs, which can result in significant financial losses. Additionally, some birth injuries require expensive equipment and adjustments to the home, which can be costly.

Lawyers begin the claims process by submitting a first demand form to the malpractice insurance company of the hospital or doctor, which includes a detailed description of the injury along with all relevant documents. The insurance company will review the claim and either accept or decline it. If the insurance company rejects the offer, then lawyers will make a claim.

Certain states have indemnity funds for birth injuries, which can reduce the amount of medical malpractice insurance premiums or charges to doctors who specialize in obstetrics. These funds are not able to cover the cost of a lifetime's medical treatment. Furthermore they don't stop plaintiffs from seeking financial compensation from other defendants, for instance, the hospital where the negligence occurred.

Expert Witnesses

The medical professionals involved in a lawsuit involving birth injuries are obligated to the mother and child a duty to follow the accepted standards of care. If a healthcare professional does not meet their obligation and results in an injury, they could be held accountable. The case requires experts, usually doctors from the same or a similar field who can explain the standards of practice in a layman's way and the way in which the medical professional breached that standard.

An experienced birth injury lawsuits injury lawyer knows how to secure and present the most credible expert witness testimony. They have the knowledge to anticipate and fight the defenses offered by healthcare providers, so that the case is presented in the best way possible.

Your attorney will help you determine the total amount of your losses and prove the amount in court. These include both economic and non-economic damages, such as medical bills along with pain and suffering, loss of enjoyment and lost income.

A good birth injury lawyer is also adept at dealing with insurance companies, and is aware of the tactics insurers use to force victims into accepting lowball offers. Your attorney can help resist these pressures, and keep the case moving until the malpractice insurance companies of the medical professionals agree to settle. If they refuse the offer, your attorney may bring a lawsuit to force them to negotiate in good faith.

Statute of limitations

There are strict deadlines for filing claims on behalf of children who have suffered birth injuries. For example, medical malpractice claims based upon injuries to mothers generally need to be filed within two years of the date of the negligent act or omission which led to the claim. Birth injury claims based upon injuries to the child are usually allowed until the child is age of 10.

The objective of building an evidence-based case is to prove that the medical professional treating your child breached the standard of care. This could involve extensive review of medical records and tests, and it could include interviewing other doctors, nurses and hospital staff who were observing the birth and labor process.

Even if you show that a medical professional was unable to meet the standards of care, it does not mean that you automatically win your claim. It is also necessary to prove that this breach of duty directly contributed to the injuries to your child. This is known as causation and is an extremely contested issue in medical malpractice cases.

Choosing an attorney that has the resources to construct your case and take it to trial is crucial. Your lawyer will typically advance lawsuit expenses and will only get paid if they get compensation for you. This allows you to concentrate your focus on the healing of your child and provides financial security in the event of an extended trial.

Time Limits

Each state has its own statute or time period within which you may start a lawsuit. This limit ensures that legal cases are pursued in a timely manner, and even if physical evidence is available and the accounts of witnesses remain fresh. For birth injuries the statute of limitation is typically two and one-half years from the date of the negligence or mishap.

There are exceptions to this rule for injuries sustained by infants. For instance, New York laws allow for an extended time of limitations for medical malpractice claims on behalf children, which extends the time limit to 10 years from the child's birth.

A skilled birth injury lawyer will know the particulars of each state's statute of limitations. They also know about the special considerations associated with a child’s birth injury case. For instance, many birth injuries involve substantial economic damages, such as the possibility of losing future income (or loss of life expectancy) and past and foreseeable medical expenses. Economic damages don't have a maximum amount which increases the value of a case.

A good birth injury lawyer is well versed in the process of dealing with insurance adjusters. They will be able recognize a lowball settlement offer and respond with a fair amount. In some cases there may be a settlement reached outside of the courtroom. In certain cases, a trial is necessary in order to secure the compensation you deserve.