According to the Centers for Disease Control and Prevention, around 7 out of every 1,000 births have a birth injury. There are many things that can cause a birth injury, but some of them are preventable. That is, they would have if your doctors paid more attention.
If negligence caused your child’s birth injury, you may be owed compensation to pay for your child’s care and other damages. The Birth Injury Lawyers Group can connect you with a birth injury attorney in Mesa, AZ, to help you get answers.
For a free legal consultation, call 1-800-222-9529
Holding Doctors Accountable for Your Child’s Injuries
During birth, you’re wholly under the care of your medical team. Your life and the life of your baby are in their hands. So it’s natural to wonder whether they did something wrong when your baby is born with an injury. Could they have something different?
If the answer is yes and your medical team acted outside of the standards of care, you can hold them accountable with the help of a birth injury attorney from Birth Injury Lawyers Group. Suing your doctor and hospital could get you money to care for your child’s injury.
A successful malpractice lawsuit also holds doctors and nurses accountable for their actions. It may even remove a dangerous practitioner from the profession. Your lawsuit could prevent other families from getting hurt.
Mesa Birth Injury Lawyer Near Me 1-800-222-9529
Why You Need a Birth Injury Attorney’s Assistance
Doctors have a lot of leeway in how they can help patients without facing liability. The reason is that medical results are never guaranteed. An excellent doctor will still lose patients during their career, and errors beyond their control are always possible.
However, they do have standards of care to follow built up over decades of medical practice and discussed by doctors. These are the standards that the law looks at to see if a medical professional acted unreasonably in your care.
Proving that this happened is extremely challenging without a background in law and access to medical experts. Hiring a birth injury attorney gives you access to the help you need to get your questions answered about your child’s birth injury and pursue a medical malpractice claim. Your lawyer will help you tasks like:
- Discovering if you have a case or not
- Gathering evidence to build your case
- Protecting you from the tactics of insurers who want to pay you as little as possible
- Negotiating with the insurers to reach a fair settlement
- Taking your case to court if the insurers won’t give you what you deserve
How to Win a Birth Injury Claim
To prove that a neglectful medical professional harmed your baby, they must prove four things:
- Were you the defendant’s patient or under their care?
- Did they break the standards of care?
- Did that break cause harm to you or your child?
- What was the harm, both financially and non-financially?
These are the four standards of negligence. The first three prove that you have a case. The last one proves how you were harmed and how much you should receive to make you whole again. You can use the money from a birth injury lawsuit to cover costs like:
- Paying for your child’s medical bills, both when the accident happened and in the future
- Paying for your lost wages from taking time off to care for your child’s medical needs
- Pain and suffering experienced by you or your child
- Wrongful death damages if your child passes away
States may place limits on how much you can receive and which damages are valid. Arizona has no caps on medical malpractice claims, so you might receive much more than you expect with our help.
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Is There a Deadline to File My Birth Injury Claim?
Yes, there is. Under most circumstances, victims of injuries in Arizona have two years to file their claims before the court will no longer hear your case. This deadline is called the statute of limitations. However, children get an exception.
A child cannot sue for their own injuries until they turn 18, so they have until their 20th birthday to file a claim on their own. However, by then the evidence for the case may be too difficult to find or trust to reach justice.
It’s better to start your case as soon as possible after you’re aware of your child’s injury. You may also have a claim for your own injuries if you were hurt along with your child, which must start before the two-year deadline. Starting early gives your lawyer more time to build your case before they must sue or lose the opportunity.
How Do I Cover the Costs of My Claim?
You do not have to worry about any legal fees unless you win compensation in your case with our help. Our fees are contingent upon your successful claim. If you lose and get nothing, you owe us nothing for our help.
This puts legal help in the hands of anyone who needs it, and it gives birth injury lawyers an incentive to do the best job they can for their clients. This kind of fee arrangement is called a contingency fee.
If you win your case, a percentage of the final amount you receive will go to your lawyer and you will receive the rest. The percentage varies on the difficulty and length of your case. Your lawyer should explain their fee structure to you as part of the consultation.
Hire a Birth Injury Attorney in Mesa, AZ
The costs of caring for a child’s birth injury can completely overwhelm a family’s life. You should not have to pay for the mistakes of others. Help your baby get care and save your family’s financial future by speaking with one of our birth injury attorneys in Mesa.
We will tell you your legal options and how we will proceed with your case, should yours be a valid case of malpractice. Find out by calling our offices in a free consultation. Dial the number on your screen or fill out the form on our website to send us an email. All consultations are free.