Children who suffered birth injuries may face many medical problems, including brain damage, cerebral palsy, seizure disorders, and severe developmental disabilities. Some children, along with their families, will experience a lifetime of emotional and physical challenges because of a medical error.
If your family is facing these troubles, Ohio birth injury attorneys can assist you in recovering from your losses. The individuals who caused or contributed to your newborn’s birth injury should be held liable for their mistake and filing a birth injury claim can help make that happen.
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Is it Worth Getting a Birth Injury Attorney?
While you focus your attention on tending to your child’s needs, a Ohio birth injury lawyer can advise you of your options to pursue compensation and will take on:
- Negotiating in mediations for a fair settlement
- Assigning a monetary value to your damages
- Collecting evidence of your financial losses
- Hiring a medical expert to testify that medical negligence took place
- Representing you at trial, if necessary
A law firm with birth injury experience can also make sure you’re aware of any approaching deadlines. According to Ohio code §2305.113, you have one year from when you discovered the injury, or reasonably should have discovered it, to file your claim. Past the four-year deadline, you may lose the right to collect compensation.
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Birth Injury Damages You May Be Eligible to Recover
Your birth injury lawyer in Ohio can help list your economic and non-economic damages and assign a monetary value to them to be used in settlement negotiations or court. Your losses can include:
- Current and future medical costs
- Medical equipment and assistive devices
- Inability to work
- Lost income
- Special education
- Home modifications
- Therapy and rehabilitation
- Pain and suffering
- Emotional trauma
According to Ohio Revised Code §2315.18, there is a cap on damages in medical malpractice cases. You cannot collect more than $250,000 or three times the amount of economic damages, whichever amount is greater. However, non-economic damages cannot exceed $350,000 if there is one plaintiff or $500,000 if there is more than one plaintiff.
How Can a Ohio Birth Injury Lawyer Prove Medical Negligence?
In order to have a valid medical malpractice case, your Ohio birth injury attorney will need to prove negligence. This consists of establishing:
- There was a relationship between the medical professional and the patient.
- There was an underlined duty of care.
- The standard of care based on the expertise of the medical profession was disregarded.
- Your child’s birth injury is directly linked to the defendant’s negligent actions
- Damages your baby and family have faced were a direct result of the birth injury.
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Costs of a Ohio Birth Injury Attorney
Many birth injury law firms do not charge any fees upfront. It’s understood that there are financial pressures medical conditions can have on your wallet. Instead of paying a sum of money before your lawyer has begun to work on your case, you do not have to pay anything unless you win compensation.
Collected after there has been a winning verdict, contingency fees for attorneys typically range between 30% and 40% of your settlement or award.
Get Started With an Ohio Birth Injury Lawyer Who Gets Results
At Birth Injury Lawyers Group, we are prepared to fight for your family’s rights and secure the compensation you deserve. Lifelong conditions from birth injuries can take a toll on families. We want you to know that we are here for you.
Contact us if you are ready to speak with one of our Ohio birth injury attorneys. We understand what you’re going through, and we can offer you the guidance that will help your family move forward. Check out our birth injury caregiver guide to learn more about the resources that are available.