# How to File Birth Injury Lawsuits | Free Case Consult ![Rober Goldwater Birth Injury Lawyers Group](https://birthinjurylawyer.com/wp-content/uploads/2023/10/BIRTH-INJURY-LAWYER-FEATURED-IMAGE-1_page-0001-300x213.jpg) One of the most miraculous moments in a parent’s life is the birth of a child. However, when a newborn is injured, it becomes a devastating experience for the entire family. If you believe medical negligence contributed to your child’s injury, consider filing a birth injury lawsuit against the at-fault party. While starting a legal battle can be overwhelming, an experienced attorney will guide you through each step of the lawsuit. At Birth Injury Lawyers Group, we provide compassionate legal assistance to families affected by medical malpractice. Contact our birth injury lawyers for a free consult. ## Get Legal Representation From a Birth Injury Attorney Working with a legal professional ensures that your rights and interest are well represented. We will investigate the circumstances surrounding your child’s injury, gather evidence, and negotiate with the healthcare provider or insurance company for fair compensation. While nothing turns back time, a successful birth injury lawsuit can help you hold the negligent party accountable for their actions. Furthermore, the compensation will help you provide the necessary care for your child and build a better future for your family. "If your child was born with a birth injury, or cerebral palsy, we can help." Robert Goldwater Personal Injury & Medical Malpractice Attorney [(800) 222-9529](tel:+18002229529) ## Build an Evidence-Based Birth Injury Case To prove that your child’s injuries were caused by medical negligence or error, you must present a convincing collection of evidence. Our birth injury lawyers will investigate the circumstances surrounding the delivery and the standard of medical care provided to the mother and child. At[Birth Injury Lawyers Group](https://birthinjurylawyer.com/), we try to access and rely on a wide variety of evidence to build a detailed case, including: - Medical records - Witness testimonies - Expert witness statements - Photographic and video evidence - Medical bills and other relevant receipts Our lawyers will consider if the injury was preventable, the factors contributing to the physical harm, and who the responsible party is. We will use all available evidence to translate your family’s experience and the losses you suffered. ## Negotiate a Settlement Most personal injury claims, including medical malpractice cases, are resolved out of court. Doctors and other medical professionals wish to protect their reputations and avoid bad press, so they might agree to close the case before it escalates. You may try to recover compensation from the at-fault party before filing the lawsuit. Your attorney will send a formal[demand letter](https://www.investopedia.com/terms/d/demand-letter.asp) to the negligent healthcare professional. The document will present evidence supporting your claim, proving liability, and mentioning the compensation amount. If the other party agrees to your terms, there is no longer a need to file a lawsuit. However, if the injured infant requires expensive long-term medical care, the liable party is unlikely to accept your initial conditions. However, settlement negotiations may continue even after the official lawsuit proceedings are underway. "We know first-hand what you are going through." Robert Goldwater Personal Injury & Medical Malpractice Attorney [(800) 222-9529](tel:+18002229529) ## File a Birth Injury Lawsuit Within the Statute of Limitations If the settlement negotiations are unsuccessful, your attorney will file a lawsuit within the statute of limitations. Each state has a set deadline for legal action against the at-fault party. If you fail to act within the time frame, you may forfeit your right to compensation. While most states offer a two or three-year period to file a medical malpractice lawsuit, starting with the date of birth, you might have more time or less. Consult a lawyer to learn the deadline that applies to your case. Our birth injury attorneys will file the lawsuit at the appropriate court based on where the[medical malpractice](https://birthinjurylawyer.com/faqs/are-all-birth-injuries-caused-by-medical-malpractice/) happened. The parents or those seeking justice for the injured infant will become the plaintiffs, and the negligent medical practitioner or institution will be named the defendant. "Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients." Robert Goldwater Personal Injury & Medical Malpractice Attorney [(800) 222-9529](tel:+18002229529) ## Strengthen Your Case During the Discovery Phase During the discovery phase, the parties involved in the legal proceedings exchange relevant information. This is a valuable opportunity for your legal team to further consolidate your claim. The discovery phase is marked by[depositions](https://www.forbes.com/councils/forbesbusinesscouncil/2023/01/20/optimize-your-deposition-transcription-with-these-5-tips/), which are sworn testimony by the parties involved in the case. During the formal interview, witnesses or other parties answer questions under oath. Their responses are recorded and can be referenced at any time throughout the legal process. In the context of a birth injury lawsuit, depositions might involve healthcare professionals, expert witnesses, and family members. The information gathered under sworn testimony can help shape the arguments made by both sides during the trial and may ultimately influence the case outcome. ## Trial and Appeal Medical malpractice lawsuits involving birth injuries rarely end up in trial. The defendant is likely to settle the case before it comes before a jury and judge because such lawsuits are emotionally charged and likely to lead to a high jury verdict. If your lawsuit reaches this stage, a judge and jury will hear your arguments. They will rely on the evidence presented by both sides to make a decision. Jury verdicts tend to be higher than settlement amounts; however, the trial outcome is never certain. The losing party can appeal the trial decision, leading to a case revision conducted by a higher court. Regardless of which side of the appeal process you are on, a birth injury attorney will continue defending your rights. ## Our Birth Injury Lawyers Will Guide You Through the Lawsuit There are several approaches to take regarding a birth injury lawsuit. Our lawyers will help you recognize the best path based on the case details and your needs. We offer professional legal advice and guidance throughout the lawsuit. At Birth Injury Lawyers Group, we understand the emotional and financial strain on our clients, so we offer a free legal consultation. We will address your immediate concerns during the initial case review and help you plan a sound legal strategy. [Contact](https://birthinjurylawyer.com/contact/) us today to discuss your case with our birth injury lawyers. We are ready to fight alongside you and your family for a better and safer future. "We are committed to helping families who have suffered medical negligence." Robert Goldwater Personal Injury & Medical Malpractice Attorney [(800) 222-9529](tel:+18002229529) Filed Under: [Birth Injury](https://birthinjurylawyer.com/category/birth-injury/) Birth Injury Blog Posts: [![FDA Warns That Taking Ibuprofen and Similar Meds 20 Weeks into Pregnancy Can Hurt Unborn Babies](https://birthinjurylawyer.com/wp-content/uploads/2020/10/drug-related-negligence-fda-warns-that-taking-ibuprofen-and-similar-meds-20-weeks-into-pregnancy-can-hurt-unborn-babies-300x173.jpg)](https://birthinjurylawyer.com/drug-related-negligence/fda-warns-that-taking-ibuprofen-and-similar-meds-20-weeks-into-pregnancy-can-hurt-unborn-babies/) ### [FDA Warning: Ibuprofen and NSAIDs Can Hurt Unborn Babies](https://birthinjurylawyer.com/drug-related-negligence/fda-warns-that-taking-ibuprofen-and-similar-meds-20-weeks-into-pregnancy-can-hurt-unborn-babies/) On October 15, 2020, the U.S. Food and Drug Administration (FDA) announced mandatory labeling changes for nonsteroidal [![Rober Goldwater Birth Injury Lawyers Group](https://birthinjurylawyer.com/wp-content/uploads/2023/10/BIRTH-INJURY-LAWYER-FEATURED-IMAGE-1_page-0001-300x213.jpg)](https://birthinjurylawyer.com/blog/failure-to-diagnose-anemia-during-pregnancy/) ### [Failure to Diagnose Anemia During Pregnancy](https://birthinjurylawyer.com/blog/failure-to-diagnose-anemia-during-pregnancy/) Anemia has been called the silent disease due to its lack of symptoms. It is estimated that one in five women suffer [![Rober Goldwater Birth Injury Lawyers Group](https://birthinjurylawyer.com/wp-content/uploads/2023/10/BIRTH-INJURY-LAWYER-FEATURED-IMAGE_page-0001-300x213.jpg)](https://birthinjurylawyer.com/blog/perinatal-asphyxia-signs-symptoms/) ### [Perinatal Asphyxia Signs and Symptoms](https://birthinjurylawyer.com/blog/perinatal-asphyxia-signs-symptoms/) What are perinatal asphyxia signs and symptoms? Doctors look for several symptoms when diagnosing this condition, [![Can a Birth Injury Lead to Autistic Spectrum Disorder?](https://birthinjurylawyer.com/wp-content/uploads/2023/10/BIRTH-INJURY-LAWYER-FEATURED-IMAGE-3_page-0001-1-300x213.jpg)](https://birthinjurylawyer.com/birth-injury-types/autism/) ### [Can a Birth Injury Lead to Autistic Spectrum Disorder?](https://birthinjurylawyer.com/birth-injury-types/autism/) Birth injuries aren’t just damaging on their own. They can create other diseases. A common one is when a baby gets --- Source: https://birthinjurylawyer.com/blog/how-to-file-birth-injury-lawsuit/