If you’re seeking help for your child after a birth injury, you may wonder when you should hire a birth injury lawyer to help you. The simple answer is to hire one as soon as your child has been diagnosed with a birth injury.
Birth injury lawyers are personal injury lawyers who specialize in malpractice cases involving pregnancy and births. There are a multitude of negligent mistakes that medical professionals can make during this time. By working with a birth injury lawyer, you can get compensation to pay for your child’s injuries and medical care.
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The First Step: Medical Diagnosis
When you file any kind of personal injury claim, there must be evidence that you were injured. Thus, the first step is to get a medical diagnosis of a birth injury. Many times, the birth doctors at your hospital will make an initial diagnosis.
If you haven’t had a diagnosis of a birth injury and you suspect one, take your child to a doctor you trust for an examination. Early treatment of birth injuries is essential for the best possible outcome.
Sadly, many birth injuries result in death for the baby, or even the mother. In these cases, speak with a birth injury lawyer right away. Parents of babies who die have standing to bring a wrongful death claim against the doctors who negligently caused their baby’s death.
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The Absolute Deadline
All civil cases have a deadline for plaintiffs to come forward with their case to the court. This is called the statute of limitations. Filing a case after this deadline will fail. The court will judge you took too long to start your case. Each state has its own deadline.
In cases with birth injuries, there are often exceptions to how long the case can take because it involves a minor. Some states even have special rules for children harmed under a certain age. In general, parents have longer to start a birth injury case compared to a medical malpractice case for an adult.
However, don’t let a long deadline lull you into thinking you can wait until later to start your lawsuit. Sometimes people want to wait to see the full effects of a birth injury, which may not appear until a child has reached school age. However, waiting will harm your case.
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Advantages for Starting Your Case Early
There are advantages for hiring a birth injury lawyer as soon as you can after a birth injury diagnosis. First, a lawyer has the power to subpoena and preserve evidence before it can disappear or become forgotten. The reason the statute of limitations exists is that, after a certain point, evidence becomes too corrupt to reach a just conclusion about a case.
Second, starting early gives lawyers more time to investigate, build a case, and negotiate for a fair settlement before they’re forced to sue. It also gives them time to comply with other legal requirements, such as speaking with a medical expert about your case before suing.
Third, you’ll speed up the process of getting compensation for your child’s care. While not all cases are successful, the longer you wait to start, the longer it will take for you to get any compensation you’re owed. Other than dealing with the immediate medical needs of your child and getting a diagnosis, there is no reason to delay hiring a birth injury lawyer.
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What If I Cannot Afford a Birth Injury Lawyer?
The costs of a birth injury are already enormous. Will hiring a birth injury lawyer add to those costs? No. Birth injury lawyers only get paid if you win your case and they only get paid through your compensation, not out of your pocket.
Contingency fees are the usual method of paying for malpractice lawyers. They get a percentage of your final compensation amount only if you win your case. This percentage is agreed on between you and your lawyer during the hiring process.
This gives your lawyer incentive to fight to get you as much as possible, and it shields you from further financial losses if they are unsuccessful in your case. All of our birth injury lawyers also offer free initial consultations to see if you have a case.
What Sorts of Cases Do Birth Injury Lawyers Take?
While there are many injuries that can happen during pregnancy, birth, and soon afterward to babies, many cases are minor enough that babies make a full recovery and health insurance covers all the costs. The cases that need a birth injury lawyer are the serious ones. Common birth injury types we see include:
- Brain injuries
- Nerve injuries
- Spina bifida
- Brain bleeding
- Seizures
- Cerebral Palsy
- Hypoxic-Ischemic Encephalopathy
- Erb’s Palsy
This is just a handful of the types of birth injuries we see. As long as the injury happened under a doctor’s care and you believe medical malpractice caused it, you may have a case. A consultation with our lawyers can confirm if you do and explain your legal options.
Even if your health insurance will cover the costs of a negligent birth injury, your doctors may still owe your child damages for their additional pain and suffering. Our lawyers take cases both large and small, so find out if it’s worth pursuing a claim by contacting our offices for a referral.
Hire a Birth Injury Lawyer in Your State
Birth Injury Lawyers Group can help you find a birth injury lawyer in your state with experience in the injury your child has suffered. One call is all it takes to get your case started. It’s imperative to get started right away. When should you hire a birth injury lawyer? Right now.
Learn your legal options and hold your doctors accountable if they’ve harmed your baby. Contact the Birth Injury Lawyers Group for a free consultation now. The sooner you can get the money to pay for your child’s medical care, the better their chances at a full and productive life.
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