Time is of the utmost importance in cases involving birth injuries. The stringent time limits set forth by the state make it imperative to speak with a qualified Illinois birth injury lawyer as soon as possible. At The Birth Injury Lawyers Group, our Illinois Birth Injury Lawyers will provide a free initial consultation so that we may assess your case, go over your legal alternatives, and give you the support and advice you need to make wise choices.
We have Erb’s palsy lawyers in Illinois and even infant brain bleed attorneys that will carry out a careful investigation, work with medical professionals, and develop a compelling case on your behalf. We are here to relieve your stress and assist you since we recognize the financial and emotional hardships that birth injuries can cause.
A little girl visits her new baby sister sleeping in an incubator. A birth injury attorney in Illinois can help you seek justice for your child’s birth injury.
Get started by reading how we can help or scheduling a free consultation.
How Types of Injuries Impact a Birth Injury Lawsuit
As the parent of an ill child, you likely needed to take time off work to care for your child. Your birth injury lawsuit can also include lost wages and expenses for respite care. The types of birth injuries that your baby has will impact the amount of your settlement as well. The following are common birth injuries that our firm has successfully handled:
- Perinatal asphyxia
- Disfigurement or wounds from the use of vacuum extractors, such as Brachial plexus injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Oxygen deprivation
- Cerebral palsy
- Erb’s palsy
- Brain damage
- Spinal cord injury
- Clavicle fractures
- Cephalohematoma
- Developmental delays
- Broken bones
Birth injury victims are not subject to the types of injuries listed on the aforementioned list. Medical records will show if a pre-existing condition or medical malpractice was the cause of their birth injury. If negligent conduct is proven, a medical malpractice lawsuit can be filed to recoup financial damages and losses incurred.
How Much Can You Expect from a Birth Injury Settlement?
Each child who suffers a birth injury will face a different set of complications. Cases of less severe injuries that may recover are resolved with lower settlement amounts. Bigger settlements are granted in cases of severe and permanent damage.
For example, birth injuries causing brain damage or spinal cord damage could result in higher care costs. The average birth injury lawsuit involving a brain injury settles for roughly $1.03 million. Our birth injury lawyers in Illinois will negotiate for the settlement your case deserves, but it’s typical for birth injury claims to pay out the following economic and non-economic damages:
- Past medical bills and future medical expenses
- Medications
- Medical equipment
- Mobility aid devices
- Special education
- Caretaking expenses
- Home modifications
Experienced birth injury attorneys from our firm aim to obtain for you and your family the fair compensation that is owed for suffering a preventable injury. The settlement amount is meant to provide your child with enough financial security to lead a normal life and increase their quality of life while living with the type of injury they sustained.
How Responsibility Is Determined in a Typical Birth Injury Case
There are many complexities that arise in birth injury cases. Pinpointing the medical mistakes of a healthcare professional takes tact, research, and the knowledge of an expert to explain the standard of care and how it was breached.
According to the Journal of the American Medical Association (JAMA), birth injuries are so common that it affects 6 to 8 of every 1,000 births. Competent medical professionals know when they are deviating from what they were trained to do.
Our role is to show how a doctor, nurse, or hospital administrator failed their duty of care and made a preventable mistake that resulted in damages and losses for your child and your family. It is no easy feat but with a legal team that works closely with experts in the medical field, we’ll create a compelling defense that carries substantial weight.
Will My Birth Injury Lawsuit Go to Court?
Very few lawsuits end up in court. Most will settle out of court. Your Illinois birth injury attorney will calculate your total damages and negotiate for maximum compensation.
If a settlement cannot be reached, our birth injury law firm will represent you in court. We will present a strong case demonstrating why you need the settlement we are pursuing. We can enlist medical experts to testify on your behalf.
Illinois Statute of Limitations on Birth Injuries
Even though a birth injury could change the course of your child’s life, you have a finite amount of time to initiate your lawsuit. Under 735 ILCS Section 5/13-212(a), the statute of limitations for medical malpractice allows you to file within eight years of your child’s injury.
Sadly, birth injuries may go unnoticed until a child fails to hit their developmental milestones. If your child is permanently disabled by a birth injury, the statute of limitations is extended until your child’s 22nd birthday. This allowance was made for families who discover birth injuries at an older age.
Find an Experienced Illinois Birth Injury Attorney Advocating for Your Rights
No baby should suffer trauma during birth at the hands of a healthcare provider. Call the Birth Injury Lawyers Group to speak with a birth injury lawyer in Illinois. Together, we can seek justice for your child. Our dedicated team of lawyers will provide the comprehensive legal support that your family needs during this difficult time.
Our law firm understands that birth injuries have a severe emotional impact on parents and siblings, so we strive to alleviate any stress or confusion that this legal process can bring. Our experienced birth injury lawyers are available to you 24/7. Contact us when you are ready to hold negligent medical care providers responsible and seek compensatory damages.