The birth of a child is a beautiful, miraculous event. However, when something goes wrong, it can turn a family upside down and cause immeasurable pain. When a preventable mistake injures your newborn, the future you envisioned for your child can disappear in an instant. You may also quickly become overwhelmed with bills and caretaking duties.
The birth injury attorney team at the Birth Injury Lawyers Group has dedicated its time to helping parents of injured children fight for their rights. We offer hope and possible financial compensation to families who have been harmed by a medical professional’s mistake.
Birth Injury Lawyers FAQs
Our birth injury lawyers understand what families go through after a baby is injured. The following are answers to the most common questions parents ask us about lawsuits and how we can help.
Why Do Parents Hire Birth Injury Lawyers?
No parent goes into labor and delivery expecting everything to go perfectly. We understand that complications can happen, but we trust our obstetrician, the hospital, and the rest of the medical team to know how to handle any situation to keep mother and baby safe. When a preventable medical mistake happens due to negligence, that trust is broken, and lives can be shattered.
Labor and delivery personnel are trained to uphold high standards of care. If these professional standards are ignored, both mother and baby can suffer life-altering consequences. Hiring a birth injury lawyer to file a claim may not undo the harm that was caused, but it can help cover the costs of treatments that will allow your child to have the best possible quality of life.
The statute of limitations for filing a birth injury claim is different in every state. One thing that is the same in every state is the fact that if you file a claim after this timeframe has passed, you won’t be able to get compensation. That’s why it’s critical that you reach out to us to learn what the laws are in your state.
Birth Injury Lawyers Group is a nationwide group of attorneys who can represent you no matter where you are in the US. To learn more about the statute of limitations and other laws in your state, contact our attorneys at (800) 278-9191.
How Can a Birth Injury Lawyer Help With My Claim?
When your baby has a birth injury, you already have your hands full with providing the extra care that your child needs. A birth injury lawyer can deal directly with insurance companies, medical providers, and defense lawyers on your behalf so that you can devote your attention to your family. Here are some of the ways a lawyer can help:
- Avoid lowball settlement offers. People often find out later that they should have received much more money than they did.
- Take over communications on your behalf. Your lawyer can respond to insurer requests and manage the claims process for you.
- File your birth injury lawsuit. Your lawyer can also file your lawsuit and ensure you hit all the deadlines that apply to your family’s case.
- Build your evidence-based case. Your attorney can secure expert testimony, retrieve medical records, and gather other documents to prove liability.
- Fight for a fair settlement. Your birth injury attorney can also negotiate a settlement for your family’s losses and lifetime care costs.
These cases almost always involve medical malpractice liability insurance companies, and most people do not want to take on one of these huge corporations single-handedly. Our lawyers will handle the process so you can focus on your child’s needs.
How Does a Birth Injury Lawyer Prove Liability?
There are four elements the law requires a birth injury attorney to prove to hold someone responsible for a birth injury. Your lawyer can help you build a case that proves all four of these factors:
Legal Duty of Care
You can only sue someone who owed you and your child a legal duty of care. Someone delivering medical services in a healthcare setting owes their patients a duty of care to provide quality service consistent with the standard of care.
If a medical professional did not provide care consistent with the standard of care, then the medical professional is negligent. The standard of care depends on the circumstances of the case and other factors. Your attorney can help you build a case that establishes the defendant did not adhere to the standard of care given the circumstances of your case.
Causation means that the medical mistake caused or contributed to harm that the patient sustained. For example, if a doctor was negligent in not monitoring the child during labor, and the child suffered brain injuries due to oxygen deprivation as a result of the inadequate monitoring, then the doctor’s negligent monitoring caused the child’s injuries.
You must establish damages for your birth injury lawsuit. Damages may include economic losses, including lifetime cost of care, as well as noneconomic losses like pain and suffering. The costs of disabled access home and vehicle modifications, adaptive technology, and special education and training may also be included in your damages.
In some cases, there may be multiple parties who share some degree of liability. Our birth injury attorneys will identify all potentially liable parties in your case.
What Should You Expect When You Hire a Birth Injury Lawyer?
When you hire a birth injury attorney, one of the first things we will do is review your evidence and estimate how much you can recover in your claim. Birth injury lawsuit settlements can vary significantly depending on each case’s unique circumstances and state law.
Online settlement estimator calculators are not accurate. Only a lawyer can make an accurate estimate of your damages by reviewing your evidence.
Birth Injury Lawyers: Our Mission Statement
Our mission is to get answers for families affected by birth injuries. At Birth Injury Lawyers Group, you’ll learn what it takes to help your child or loved one manage injuries caused at birth, by malpractice or medical errors, and seek the help, compensation, and life every child deserves.
Our experts are here to help you and your family with all your birth injury medical and legal questions and concerns. We’ll inform you of your rights and answer all of your questions, ensuring that you feel comfortable with the process before we move forward.
Why You Should Chose Birth Injury Lawyer Group?
There are several reasons our clients have chosen our birth injury attorneys to help them during one of the most difficult times in their lives.
We Are Familiar With Your State’s Birth Injury and Medical Malpractice Laws
Laws pertaining to birth injury cases vary from state to state, so your attorney should be familiar with the laws as they pertain to your state and your case. And, of course, the lawyer must be licensed to practice in your state.
The Birth Injury Lawyers Group can connect you with the right lawyer to handle your case in the state in which your child’s injury occurred..
Our Lawyers Have a Proven Track Record
Ask the attorney about similar cases he or she has handled in the past. The lawyer probably cannot divulge details about the cases like the names of the parties involved, because settlement documents often contain confidentiality provisions that keep the specifics a secret. But attorneys can usually speak in general terms about verdicts won and settlements reached.
Find a Birth Injury Lawyer in Your State
Each state has a deadline by which injuries the parties must file medical malpractice lawsuits. If you miss the deadline, you will not be able to recover the compensation that your family needs and deserves. If your baby was injured and you are considering filing a claim, do not delay. Reach out to one of our birth injury attorneys as soon as possible.
We are a nationwide group of lawyers who handle birth injury lawsuits. Call 1-800-278-9191 today to connect with a birth injury lawyer in your state.