We offer our condolences that you have sought legal assistance with the Birth Injury Law Group of Vermont under these circumstances, but we guarantee to treat your case with compassion, urgency, and attention to detail in every aspect of your case.
If you gave birth in a Vermont medical facility, and you or your baby were harmed by a medical professional’s negligence, we recommend that you connect with one of our Vermont birth asphyxia lawyers immediately to take steps for justice and compensation.
You might be eligible to file a birth injury case and obtain a large settlement if you think that your child’s birth asphyxia was caused by carelessness. Continue learning about suing for birth asphyxia or discuss your case for free with a top-rated Vermont birth injury attorney today.
For a free legal consultation, call 1-800-222-9529
What a Vermont Birth Injury Lawyer Can Do for Your Medical Malpractice Claim
When you first contact one of our Vermont birth injury lawyers for an initial consultation, they will sit down with you to listen to your story and tell you what the next steps might be. If you agree to hire their services, they will get to work building a malpractice lawsuit. To do that, they will:
Gather Evidence of Negligence
If you are to get maximum compensation for your claim, it’s essential that you are able to show that you were the victim of negligent caregivers. To that end, our lawyers will compile evidence that proves malpractice was to blame for your child’s birth injury. Types of evidence your lawyer will gather include:
- Medical records
- Witness statements
- Testimony from medical experts
- Photo or Video
Calculate Your Damages
After a lawyer proves that you were a victim, they then need to prove how much the other party’s negligence cost you. To do that, your attorney will calculate your compensatory damages, which can be economic or non-economic.
Your lawyer will tally up the expenses you have paid as well as those that you will have to pay in the future. That way, your settlement will reflect the totality of the damages caused by your child’s birth injury.
Negotiate with the Insurance Company
Because insurance companies try to reduce your settlement, it’s best to have an experienced lawyer by your side who knows how to negotiate. Your Vermont birth injury attorney will make sure the insurance company doesn’t take advantage of you. Our lawyers know their tricks and know what to do to get you the settlement you deserve.
Fight Your Birth Injury Case in Court
Most of the time, malpractice cases are settled outside of court. However, if the other party won’t agree on a reasonable settlement, then your lawsuit will go to trial. In that unlikely event, one of our experienced lawyers will represent you.
Our lawyers work on a contingency-fee-basis, which means that they don’t get paid unless you win. We charge no up-front fees, and we agree on a fair rate with you before we get to work.
Birth Injury Lawyer Near Me 1-800-222-9529
Standard Settlement Factors for Birth Asphyxia Cases in Vermont
As you process your experience and attempt to navigate the symptoms of birth asphyxia in your child, it is understandable that the monetary value for your loss is not a pressing priority. However, if you and your baby endured critical trauma that required intensive medical care, you should not have to deal with the weight of covering the costs as well. Vermont birth injury settlements include:
- Funeral expenses if death occurred
- Future birth injury-related costs
- Loss of enjoyment of life
- Medical expenses
- Mental anguish
- Pain and suffering
- Physical therapy
Each birth injury case is different and may include other factors not listed above. The best way to guarantee that you are compensated for the full extent of your loss is to calculate the value of your case with a birth asphyxia attorney in Vermont.
Identifying Medical Malpractice After Childbirth
When a medical professional is treating you, they owe what is known as a “standard of care.” The standard of care is the level to which someone can be reasonably expected to care for you. When a doctor, nurse, hospital, or even equipment manufacturer fails to meet the standard of care, then that is medical negligence, or malpractice.
Sometimes, a birth injury happens because of a random accident outside of anyone’s control. However, birth injuries are often linked to medical malpractice. A negligent professional, an unsafe hospital, or faulty equipment could be responsible for your child’s injury.
If you are the victim of medical malpractice, then you can pursue financial compensation for your damages. A birth injury lawyer in Vermont can help you recover funds. We know what to do to build the best case possible so that you can focus on taking care of your child.
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Deadline for Filing a Birth Injury Lawsuit in Vermont
In general, you should file a birth injury case as soon as possible. The statute of limitations for Vermont limits the amount of time you have to initiate a medical malpractice claim after your baby has suffered a birth injury. If you postpone filing for too long and the time limit passes, your right to suit may be eternally lost.
Each state has its own statute of limitations for birth injury cases. It is critical to speak with an expert birth asphyxia lawyer in Vermont to learn more about the legal ramifications of Vermont’s deadline and any possible exceptions.
What to Expect During the Legal Process of Filing a Birth Asphyxia Lawsuit
If you don’t know where to begin with filing a birth asphyxia lawsuit, we can help. The legal procedure surrounding your birth asphyxia claim goes beyond filing a complaint. It might be complicated, but your birth injury attorney will be there for you every step of the way.
Generally, the process consists of:
- Following the filing of your case, the court may receive many rounds of requests and motions.
- Your case will enter the “discovery” stage, which is when you will be allowed to take depositions and interrogate the defendant’s doctor, the hospital, and any other parties involved in your case at this time. If you have been unaware of what took place during the birth, court subpoena powers can be utilized to get detailed documentation and evidence for you.
- Once both parties have begun sharing evidence, it is evident how strong or weak a case is, and both parties should have a decent estimate of their prospects of success at trial. If the defense offers a reasonable settlement, we can advise you on whether to accept it or go to trial.
- If the matter proceeds to trial, the trial may last only a few days. Your attorney will submit facts and arguments to the court and jury that show the defendant did not utilize the required care and skill to complete the medical operation in line with the “standard of care.”
- The jury will then begin deliberations. If they rule in your favor, the court will issue a decision and compel the defendant to pay you the damages you are owed.
The lawsuit may be difficult to go through, but we communicate what to expect beforehand so that you feel comfortable going into each phase. Predicting how long your birth injury lawsuit will take to get settled isn’t easy. Each case is unique, and birth injury litigation can range from months to years.
Regardless, our attorneys will provide full legal support for the entire process.
Compassionate Legal Help for Birth Asphyxia Lawsuits in Vermont
Losing your infant to careless medical care or experiencing them in pain or disabled from a doctor’s mistakes is something that life can never prepare anyone for. The Birth Injury Law Group knows how delicate your situation is and can compassionately prepare you for seeking justice.
Our Vermont birth asphyxia lawyers specialize in cases, and we are here to help you get through this tough time and will support you in any way we can. Contact any member of our legal team to schedule a risk-free consultation. We will work hard to get the best possible recompense for your family – and to see that justice is achieved.