Did you know that the costs of treating a major birth injury can easily reach six or even seven figures? If you’re reading this page, you might already see the mountain of debt coming your way. Don’t give up hope, though. There may be a way to get your child’s care paid for through a birth injury lawsuit.
Birth Injury Lawyers Group can connect you with a qualified birth injury attorney in Glendale that can tell you if your child has a valid medical malpractice case. If so, we will help you level the mountain of debt through a lawsuit against the people who harmed your baby.
For a free legal consultation, call 1-800-222-9529
How Do I Win a Birth Injury Case?
Proving negligence caused your baby’s injury is the key to winning your birth injury case. Under medical malpractice law, four things are necessary to prove negligence. Your birth injury attorney’s first goal after hiring them is to prove these four things:
- Was there a medical relationship between your child and whomever you’re suing? Malpractice cases also apply to the defendant’s employer. For a birth injury, you’ll usually sue the person who hurt your baby and the hospital you were in.
- Did the defendant violate the standards of care while your child was under their care? The standards of care dictate what are reasonable actions for medical professionals. Medicine is not perfect, but actions that break the standards are reckless and grounds for negligence claims.
- Did that violation cause your child’s birth injury, directly or indirectly? This is called causation in legal speak.
- Was your child injured, and how? The consequences of the birth injury are called damages. Your birth injury attorney will seek cash compensation for these damages to cover the costs of the damages, also known as “making you whole.”
To prove these four things, your lawyer will gather medical documents, speak with experts, interview witnesses, and research the laws and the standards of care to see if your baby’s injury resulted from medical malpractice. If it was, the next step is to calculate the full costs of the damages.
Birth Injury Lawyer Near Me 1-800-222-9529
What Can I Get Compensation for in a Birth Injury Case?
There are three categories of compensation in a birth injury case, economic damages, non-economic damages, and punitive damages. Most birth injury cases qualify for the first two. The last only applies in cases of gross misconduct.
Economic Damages
Any negative financial hit you’ve taken because of your child’s injury could qualify as economic damages. The medical bills are the most obvious, but lost wages, transportation to specialists, and even home renovations to accommodate your child’s disability can apply. As long as we can back up the claims, there is no limit to these damages.
Non-economic Damages
Non-economic damages involve the pain and suffering your child has experienced, plus the lost opportunities they’ll have in life because of their injury. California has a cap on these that changes from year to year.
As of 2023, the time of writing, the medical malpractice cap in California is $390,000 for injury and $550,000 for wrongful death. These caps will rise each year until they hit a maximum limit, which won’t be reached for another nine years.
Punitive Damages
Punitive damages are a punishment by courts against defendants who break the standards of care so badly that the court wants to make an example of them. They do this by awarding plaintiffs extra money above and beyond the two kinds of damages we’ve mentioned.
A Glendale birth injury lawyer can ask for these, but it’s up to judges and juries to decide whether to award them and how much to award.
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Will My Case Go to Trial?
It may surprise you to learn this, but most medical malpractice cases do not go to trial. Only about 7% go all the way to a jury trial. Most either fail or get settled before then. Why do most cases settle?
A trial is expensive and takes a long time to resolve. It’s also risky. If the judge or jury disagrees with your claims, you could lose all chances at compensation. A skilled Glendale malpractice attorney will try to seek a fair settlement first so you can get compensation quickly.
That said, some cases require a trial so your child can get justice for what happened. Your birth injury attorney will explain your legal options and the advantages and disadvantages of trial for your situation. They can also tell you if a settlement offer is fair or not.
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When Should I Talk With a Lawyer?
The sooner you speak with a lawyer about your child’s birth injury, the better your chances of a successful outcome. You do not need to know the full extent of your child’s injuries, but you do need to have a doctor’s diagnosis that your child has suffered one.
Starting early gives you several benefits. First, it’s much easier to preserve evidence. Second, it gives your lawyer time to build your case and negotiate with insurers before they’re forced to file a lawsuit to meet legal deadlines. Third, you’ll get your compensation sooner if you win your case.
We want you to get the full value of your case, but this takes time to negotiate. Talking with our birth injury attorneys early will give us that time. Between the evidence, our legal knowledge, prior case histories, and the advice of medical and economic experts, we can calculate how much your child’s birth injury will cost your family.
Speak With a Birth Injury Attorney in Glendale, CA
The Birth Injury Lawyers Group connects the families of victims to qualified birth injury lawyers in Glendale. Hiring a lawyer to see if your case qualifies for a medical malpractice claim is the best thing you can do to help your child get the care they need.
To start with a free consultation and case evaluation, call us at the number on your screen or email us through our contact page. We will help you learn your legal options and tell you how we can help you with your case. All consultations are free, and you will owe us nothing unless you receive compensation. Call now.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form