An injury during birth can have repercussions for the rest of your child’s life. Mistakes during delivery, as well as lack of care during and after pregnancy, may mean a debilitating condition or even death. If your baby was harmed, your family has rights under the law.
If your child’s condition was caused by a negligent doctor, Arkansas birth injury attorneys may be able to help you get compensation. Our firm can help you move on and start a new chapter in your child’s life with the compensation you need to care for your child.
For a free legal consultation, call 1-800-222-9529
What Can a Birth Injury Lawyer in Arkansas Do for You?
When you get in touch with one of our personal injury lawyers, we will sit down with you to determine what compensation you’re eligible for and the next steps for your case. After that, we’ll get to work to get you the settlement you deserve.
Gathering Evidence of Malpractice
When a medical professional treats you, they legally owe you a standard of care, no matter how complicated your delivery might be. If the healthcare provider fails to meet this standard through carelessness or error, they are classified as negligent and are guilty of malpractice.
In order to prove that you’re the victim of medical malpractice, one of our skilled personal injury attorneys will gather evidence, including documents, witness testimony, and expert opinion. It’s important to have an airtight case so the insurance company doesn’t deny your claim.
Calculating Your Damages and Negotiating With the Insurance Company
An attorney from our firm will look at the damages that you’ve already incurred and all projected medical expenses to see what compensation you’re owed. Your child may need treatment for the rest of their life, and you shouldn’t have to worry about how you’re going to pay for it.
After we’ve calculated your damages, we’ll negotiate with your insurance company. They will try to reduce your settlement so they don’t have to pay as much, but our lawyers have the experience to know their tricks. We’ll make sure your insurance provider doesn’t bully you out of fair compensation.
Representing You in Court if Necessary
Most personal injury cases are settled outside of court. However, if the insurance company won’t agree on a settlement, there is a chance that your claim will go to trial. If that happens, one of our attorneys will represent you in court.
We don’t get paid unless you do, so there are no up-front fees. We’ll fight for you every step of the way so you can focus on caring for your child.
Arkansas Birth Injury Lawyer Near Me 1-800-222-9529
Common Examples of Medical Malpractice During Birth
According to the Centers for Disease Control (CDC), injuries and complications during birth are large causes of birth injuries. A medical professional’s negligence can happen at many points over the course of your pregnancy and your child’s birth. Injuries due to medical malpractice can include:
- Brain damage due to lack of oxygen
- Nerve damage
- Spinal cord injuries and other bone fractures
- Injuries to skin and soft tissue
All of these can cause conditions like Erb’s or cerebral palsy. If you think you and your child are the victims of medical negligence, a birth injury attorney can help.
What Is the Average Settlement for a Birth Injury Claim?
The settlement that you receive for a birth injury lawsuit can vary. When you sit down with an Arkansas malpractice lawyer, they can give you a good idea of how much compensation you might expect. Some of the factors that may affect your settlement include the type of birth injury, the severity of the birth injury, and how long the effects last.
Ultimately, no two medical negligence cases are the same. What you receive in damages may be completely different than another family whose child was in the same NICU. Your compensation will depend on the type and extent of damages that you suffer.
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Damages in a Birth Injury Lawsuit
In a personal injury lawsuit, you stand to recover certain damages, which can be economic (measurable financial damages) and non-economic (damages for pain or distress). Damages you could recover from your malpractice claim could include:
- Past and future medical expenses
- Caretaking and nursing care
- Loss of earnings
- Scarring and disfigurement
- Mental anguish and pain and suffering
- Physical therapy and rehabilitation expenses
- Specialized equipment and home modifications
The conditions that occur as a result of a birth injury can mean costly equipment and years of treatment. An Arkansas lawyer can help so you don’t have to worry about how to pay your next medical bill.
Statute of Limitations for a Birth Injury Lawsuit in Arkansas
The amount of time you have to file your birth injury claim in Arkansas depends on several factors. According to Arkansas Code Annotated (A.C.A.) § 16-114-203, if your child was injured during delivery, you have until their 11th birthday to file a claim.
If you didn’t discover your child’s condition until after they turned 11, then you have until their 19th birthday to file. If you’re suing for your own injuries sustained while delivering your child, then the statute of limitations is two years.
That doesn’t mean you should wait too long to contact a lawyer, though. The more recent the incident, the easier it is to gather evidence and witness testimony.
Contact an Arkansas Birth Injury Attorney For Free
The consequences of a birth injury can be emotionally, physically, and financially taxing. Someone else’s negligence shouldn’t mean that you have to scrape by to take care of your child. An Arkansas personal injury lawyer from our law firm can help you recover damages and start a new chapter in life.
We don’t want you to have to worry about how you’re going to pay for your child’s medical treatment. Contact the Birth Injury Lawyer Group today to talk to a skilled attorney in Arkansas.