​​How Does a Birth Injury Lawyer Prove Liability?

A birth injury lawyer can help prove liability in your case by investigating the details of the injury and the treatment your child received from their medical team. They will also speak with medical experts to help determine the standard of care you and your child should have received and how the care provided deviated from this standard.

Birth injury cases are complicated and involve many factors that can be hard to understand without specific medical and legal knowledge. Attempting to prove fault on your own is unlikely to result in a favorable outcome.

Fortunately, an experienced birth injury lawyer can handle your case, prove liability, and recover the compensation you need and deserve.

Steps a Birth Injury Lawyer Takes When Attempting to Establish Liability

If your child suffered harm during childbirth due to avoidable errors by doctors, nurses, or other medical staff, a birth injury attorney can help you prove liability so you can recover the compensation you need. These types of claims are often complicated, involving both intricate medical issues and detailed legal procedures. 

Whether your child’s injury resulted from a doctor’s misjudgment, a nurse’s failure to act, or another instance of medical negligence, an experienced birth injury lawyer can help you determine who is to blame and build a strong case.

Here are some of the steps you can expect your birth injury lawyer to take when proving liability:

• Performing a thorough investigation into how the injury occurred and who was involved in the care of you and your child
• Collecting and reviewing critical evidence, including medical records, fetal monitoring strips, and witness statements
• Speaking to medical experts about the standard of care you should have received and how the care provided failed to reach that level

A qualified attorney will aim to identify all parties that played a part in causing your child’s birth injury so you can file a claim and secure the resources your family needs to provide for your child’s long-term care, therapy, and support.

How Your Birth Injury Lawyer Will Proceed After Establishing Fault

Once your birth injury lawyer has proven liability, they will take the next steps toward recovering the compensation you need and deserve from the liable party. This includes:

• Assessing all potential forms of compensatory damages, such as medical bills, long-term care costs, therapy, and future lost income
• Handling every aspect of the legal process, from paperwork to court filings and insurance dealings
• Negotiating with insurers and defense attorneys to seek a fair settlement
• Taking the case to trial, if needed, to pursue full and fair compensation
• Representing you in court and ensuring your rights are upheld under state law

If multiple parties are liable for your damages, your attorney will work to hold all responsible parties accountable so you can recover the full compensation to which you are entitled.

Staying Ahead of Legal Deadlines After Establishing Liability

Legal deadlines, known as statutes of limitations, place time limits on how long you have to file a birth injury lawsuit. These deadlines differ depending on your state and specific case details, but missing them could jeopardize your ability to recover compensation. 

Once your lawyer has identified the liable party, they must act quickly to file your lawsuit before time runs out. Your attorney will work diligently to ensure you don’t lose your right to pursue compensation for your losses. When they start on your case, they will:

• Know the exact statute of limitations for birth injury claims in your state
• Identify any potential exceptions, such as discovery rules (which allow for later filing if the injury wasn’t immediately apparent)
• Inform you of any applicable special rules that give children more time to file, often until after they reach adulthood
• Meet any shortened deadlines if the claim involves a government-owned hospital or facility

Your attorney will carefully monitor these time limits and manage all necessary filings to keep your case moving forward without delay.

An Experienced Birth Injury Lawyer Can Help Protect You Against the Liable Party’s Insurer

Following a birth injury, the liable party’s insurance provider may contact families with settlement proposals. Although these offers may appear fair or even generous, it’s essential to understand that insurers are primarily working to protect their bottom line.

Adjusters are trained to use various strategies to manipulate claimants so they can deny or devalue their claims, including:

• Posing questions designed to produce statements that could undermine your claim
• Offering fast cash settlements before the full impact of the injury is known
• Urging families to sign documents that waive critical legal rights

To safeguard your family and your child’s future, it’s crucial to:

• Refrain from speaking with insurance representatives unless your attorney is present.
• Avoid signing any paperwork without a thorough legal review.
• Let your attorney handle all communication with the insurance company.

Once you have secured legal counsel, your knowledgeable birth injury attorney will manage all interactions with the insurance provider. This not only shields you from common tactics aimed at reducing payouts but also eases the emotional stress during an already difficult time.

Get Help From an Experienced Birth Injury Lawyer Today

From proving liability to recovering compensation for your losses, having an experienced birth injury lawyer by your side can be critical when pursuing damages. At Birth Injury Lawyers Group, we have been helping families get the resources they need to move forward for more than 20 years. 

With over $750 million recovered, our track record speaks for itself. Contact us today by phone or through our website to get started with a free case evaluation. We can determine who is to blame for your child’s injury and help prove liability in court.